Teacher Registration Amendment Bill 2022 - Bill as Introduced

Australia / Western Australia / Bills

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Bill No.80

17 Aug 2022

Legislative Assembly Second Reading - 17 Aug 2022

80—1 page i

Western Australia

Teacher Registration Amendment Bill 2022

Contents

1. Short title 2 2. Commencement 2 3. Act amended 2 4. Section 3 amended 2 5. Section 6 amended 10 6. Section 7 amended 10 7. Section 8 amended 11 8. Section 9 amended 12 9. Part 3 Division 1 Subdivision 1 replaced 14

Subdivision 1 — Registration applications 10. Application for registration 14 11. Application for renewal of registration 15 12. Applicant for limited registration is

employer 16 12A. Application to change category of

registration 16 13. Information in support of registration

application 17 14. Board may refuse to consider some

registration applications 18 10. Sections 15 and 16 replaced 18

15. Full registration: requirements 18 16. Provisional (returning teacher)

registration: requirements 19 16A. Provisional (graduate teacher)

registration: requirements 19 11. Section 17 amended 20 12. Section 18 replaced 21

18. Non-practising registration: requirements 21 18A. Teaching qualification requirements 21

13. Section 20 replaced 22 20. Professional standards 22

14. Section 20A inserted 23 20A. Professional learning activities policy 23

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15. Sections 21 to 23 replaced 24 21. Grant of registration 24 22. Renewal of registration 25 22A. Change of category of registration 25 23. Duration of full registration or provisional

registration 27 23A. Duration of limited registration 29 23B. Duration of limited registration when

teaching position ends 31 23C. Duration of non-practising registration 32

16. Section 24 amended 32 17. Section 26 amended 34 18. Section 26A inserted 34

26A. Condition of non-practising registration 34 19. Section 27 amended 35 20. Section 29 replaced 35

29. Notice of decisions on registration must be given 35

21. Section 30 amended 36 22. Section 31 amended 36 23. Section 32 amended 37 24. Section 34 deleted 37 25. Section 36 amended 37 26. Section 37 amended 38 27. Section 38 amended 39 28. Section 39 amended 40 29. Section 40 amended 41 30. Sections 41 and 42 replaced 41

41. Commissioner of Police must give notice about prosecutions of registered teachers 41

41A. Commissioner of Police may give notice about victims and witnesses in relation to prosecutions of registered teachers 42

41B. DPP must give notice about prosecutions of registered teachers 43

42. Employers must give notice when teachers cease teaching in cases of serious incompetence or misconduct 44

31. Section 42A inserted 45 42A. No liability for disclosing information 45

32. Section 43 amended 45 33. Section 45 replaced 45

45. Action to be taken by Board on receiving notice or criminal history check 45

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34. Part 5 heading replaced 46

Part 5 — Disciplinary matters, impairment matters and investigations

35. Sections 46 to 48 replaced 47 46. Terms used 47 47. Disciplinary matters 47 48. Impairment matters 48 48A. Serious incompetence 48 48B. Serious misconduct 48 48C. Board’s powers of investigation 49 48D. Protection for compliance with direction 51

36. Section 49 amended 51 37. Section 50 amended 52 38. Part 5 Division 3 heading replaced 53

Division 3 — Complaints, assessments and

investigations 39. Section 51 replaced 53

51. Making a complaint 53 51A. Complaints formulated by Board 53 51B. Assessments and investigations 54

40. Section 52 amended 55 41. Part 5 Division 4 heading amended 56

Division 4 — Dealing with and referring complaints 42. Section 53 replaced 56

53. Dealing with and referring complaints 56 43. Sections 55 and 56 replaced 57

55. Committee may make requests or recommendations to Board about complaints 57

44. Section 57 amended 59 45. Part 5 Division 5 replaced 60

Division 5 — Interim orders 58. Interim orders generally 60 59. Interim orders may be made if teacher

poses risk of harm 61 60. Interim orders must be made if teacher

charged with actionable offence 61 61. Matters for which interim orders made

must be referred to Tribunal 62 46. Section 62 amended 63 47. Sections 63 and 64 replaced 63

63. Disciplinary committee may conduct inquiry into certain complaints 63

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63A. Hearings 64 64. Inquiry: procedure and evidence 64

48. Section 65 amended 65 49. Section 66 replaced 65

66. Evidence and findings in other proceedings 65

50. Section 67 amended 66 51. Section 68 replaced 66

68. Inquiry powers 66 68A. Failure to comply with direction 68 68B. Protection for compliance with direction 69 68C. Disruption of inquiry 70 68D. Immunity for person performing inquiry

functions 70 52. Section 69 amended 70 53. Section 70 amended 71 54. Part 5 Division 6 Subdivision 3 deleted 73 55. Part 5 Divisions 7 to 9 replaced 73

Division 7 — Role of impairment review committee Subdivision 1 — Initial assessment of complaints

and other matters 71. Initial assessment 73 72. Complaints must be dismissed when

registration is cancelled or ends 74 Subdivision 2 — Inquiries 73. Impairment review committee may

conduct inquiry into certain complaints 74 74. Registered teacher must be notified about

inquiry 74 74A. Hearings 75 75. Impairment matter: procedure and

evidence 75 75A. Rights of teacher as to evidence and

witnesses 76 75B. Representation in relation to impairment

matters 76 75C. Immunity for person performing inquiry

functions 77 76. Health assessments 77 77. Report of health assessment must be

given to impairment review committee and teacher 78

77A. Powers when dealing with impairment matters 79

77B. Failure to comply with direction 80 77C. Protection for compliance with direction 81

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77D. Disruption of inquiry 82 77E. Immunity for person performing inquiry

functions 82 77F. Record of inquiry 83 78. Decision of impairment review committee

after inquiry 83 79. Recommendation 84 80. Decision of Board after consideration of

recommendation of impairment review committee 85

Subdivision 3 — Imposing or modifying conditions in relation to complaints about impairment matters

81. Imposing or modifying conditions 86 82. Cancellation of condition 87 Division 8 — Tribunal Subdivision 1 — Referrals to Tribunal 83. Complaints and matters referred to

Tribunal 87 Subdivision 2 — Tribunal 84. Jurisdiction of Tribunal 88 84A. Health assessments ordered by Tribunal 91 84B. Interlocutory orders to suspend registered

teachers 92 Division 9 — Notice of orders and decisions made

under this Part 85. Notice of orders and decisions made

under this Part 93 56. Section 87 amended 95 57. Section 88 amended 95 58. Section 89 amended 96 59. Section 91 amended 97 60. Section 92 replaced 97

92. Staff and services 97 61. Section 93 amended 97 62. Section 94 amended 98 63. Part 6 Division 5 heading amended 99 64. Section 96 amended 99 65. Section 98 amended 99 66. Section 102 amended 99 67. Section 108 amended 100 68. Section 112 amended 100 69. Section 113 amended 100 70. Section 115 amended 101

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71. Section 116 amended 102 72. Section 117 amended 102 73. Section 118 amended 102 74. Section 118A inserted 103

118A. Provision of information to Australian Teacher Workforce Data Initiative 103

75. Part 7 Division 1A inserted 104

Division 1A — Accreditation standards 118B. Accreditation standards 104

76. Section 119 amended 105 77. Section 121 amended 105 78. Section 122 amended 106 79. Section 123 replaced 106

123. Recovery of amounts due 106 80. Part 7 Division 3 replaced 106

Division 3 — Review by Tribunal 124. Review by Tribunal of certain decisions 106

81. Section 125 replaced 108 125. Relationship with Equal Opportunity

Act 1984 108 82. Section 127 replaced 108

127. False or misleading information 108 83. Section 128 amended 109 84. Section 130 replaced 111

130. Review of Act in relation to Teacher Registration Amendment Act 2022 111

85. Part 8 Division 4 inserted 112

Division 4 — Application of Act to individual who was WACOT teacher

149A. Terms used 112 149B. Application of Act to individual who was

WACOT teacher 113 86. Part 8A inserted 117

Part 8A — Transitional provisions for Teacher Registration Amendment Act 2022

Division 1 — Preliminary 149C. Terms used 117 149D. Application of Interpretation Act 1984 not

affected 118 Division 2 — Applications undecided before

commencement day 149E. Applications for full registration 118 149F. Applications for full registration renewal 120

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149G. Applications for provisional registration 121 149H. Applications for provisional registration

renewal 121 149I. Applications for limited registration 123 149J. Applications for limited registration

renewal 123 149K. Applications for non-practising registration 124 149L. Applications for extension of

non-practising registration 125 149M. Fit and proper person 125 Division 3 — Registration 149N. Teachers holding full registration before

commencement day 126 149O. Teachers holding provisional registration

before commencement day 127 149P. Teachers holding non-practising

registration who notified Board they commenced teaching before commencement day 129

149Q. Teachers holding non-practising registration who had not notified Board they commenced teaching before commencement day 131

149R. Teachers holding limited registration before commencement day 132

Division 4 — Professional standards, professional learning activities policy and accreditation standards

149S. Professional standards, professional learning activities policy and accreditation standards before commencement day repealed 133

Division 5 — Investigations, complaints, inquiries, proceedings and other matters

149T. Conduct before commencement day 133 149U. Investigations commenced before

commencement day 134 149V. Complaints made before commencement

day 135 149W. Interim disciplinary orders made before

commencement day 135 149X. Inquiries commenced before

commencement day by disciplinary committee 135

149Y. Complaints referred to impairment review committee before commencement day 136

149Z. Complaints referred to Tribunal before commencement day 137

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149ZA. Disqualifications ordered before commencement day 138

149ZB. Employers to give notice when teachers cease teaching in cases of serious incompetence or misconduct 139

Division 6 — Transitional regulations 149ZC. Transitional regulations 139

87. Various references to “is to” and “are to” amended 141 88. Various references to “criminal record check”

amended 142 89. Various references to “one” amended 143

page 1

Western Australia

LEGISLATIVE ASSEMBLY

Teacher Registration Amendment Bill 2022

A Bill for

An Act to amend the Teacher Registration Act 2012.

The Parliament of Western Australia enacts as follows:

Teacher Registration Amendment Bill 2022

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1. Short title 1

This is the Teacher Registration Amendment Act 2022. 2

2. Commencement 3

This Act comes into operation as follows — 4

(a) sections 1 and 2 — on the day on which this Act 5

receives the Royal Assent; 6

(b) the rest of the Act — on a day fixed by proclamation. 7

3. Act amended 8

This Act amends the Teacher Registration Act 2012. 9

4. Section 3 amended 10

(1) In section 3 delete the definitions of: 11

accredited initial teacher education programme 12

application 13

child care centre 14

complaint 15

educational programme 16

educational venue 17

employer 18

inquiry 19

interim disciplinary order 20

medical practitioner 21

registration 22

sexual offence involving a child 23

student 24

teach 25

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(2) In section 3 insert in alphabetical order: 1

accreditation standards means the standards, as 3

amended from time to time, developed by the Board 4

and approved by the Minister under section 118B; 5

accredited initial teacher education program means a 6

teacher education program accredited under, or in a 7

manner described in, the regulations; 8

actionable offence means — 9

(a) an offence that, on conviction, would result in 10

the person charged being a child sex offender; 11

or 12

(b) a sexual offence committed against or in 13

respect of a child; or 14

present, or within sight of a child; or 16

(d) an offence the commission of which used or 17

involved material the production of which 18

involved a sexual offence against or in respect 19

of a child; or 20

(e) an offence prescribed for the purposes of this 21

definition; 22

application for renewal, of registration, means an 23

application under section 11; 24

application to change, in relation to a category of 25

registration, means an application under section 12A; 26

board-formulated complaint means a complaint under 27

section 51A; 28

category, of registration, means any of the 29

following — 30

(a) full registration; 31

(b) provisional (returning teacher) registration; 32

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(d) limited registration; 2

(e) non-practising registration; 3

centre-based service — 4

(a) means an education and care service as defined 5

in the Education and Care Services National 6

Law (Western Australia) section 5(1); but 7

(b) does not include a family day care service as 8

defined in the Education and Care Services 9

National Law (Western Australia) section 5(1); 10

child means a person who is under 18 years of age; 11

child care service has the meaning given in the Child 12

Care Services Act 2007 section 4; 13

child sex offender has the meaning given in The 14

Criminal Code section 557K; 15

Commissioner of Police means the person holding or 16

acting in the office of Commissioner of Police under 17

the Police Act 1892; 18

complaint means either of the following — 19

(a) a public complaint; 20

(b) a board-formulated complaint; 21

conduct, of a person, includes an omission of the 22

person; 23

Director of Public Prosecutions means the Director as 24

defined in the Director of Public Prosecutions 25

Act 1991 section 3; 26

educational institution means any of the following — 27

(a) a school as defined in the School Education 28

Act 1999 section 4; 29

(b) a kindergarten registered under the School 30

Education Act 1999 Part 5; 31

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(d) a detention centre; 1

(e) a centre-based service; 2

(f) any other prescribed institution for the purposes 3

of this definition; 4

educational program means an organised set of 5

learning activities designed — 6

(a) to enable a student to develop knowledge, 7

understanding, skills and attitudes relevant to 8

the student’s individual needs; and 9

(b) to implement a prescribed curriculum; 10

employer, in relation to a registered teacher or nominee 11

at an educational institution, means a person who is 12

responsible for appointing, employing or engaging 13

registered teachers at the institution or giving registered 14

teachers permission to teach at the institution; 15

formerly registered teacher means a person who — 16

(a) was a registered teacher; but 17

(b) does not currently hold registration; 18

full registration means registration for which the 19

eligibility requirements are set out in section 15; 20

harm, in relation to a person, includes harm to the 21

mental health of the person; 22

health assessment — 23

(a) means an assessment of a person to determine 24

whether the person has an impairment; and 25

(b) includes a medical, physical, psychiatric or 26

psychological examination or test of the person; 27

impairment, in relation to a person — 28

(a) means 1 or more of the following conditions, 29

whether arising from a condition subsisting at 30

birth or from an illness or injury — 31

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(i) any defect or disturbance in the normal 1

structure or functioning of a person’s 2

body; 3

(ii) any defect or disturbance in the normal 4

structure or functioning of a person’s 5

brain; 6

(iii) any illness or condition which impairs a 7

person’s thought processes, perception 8

of reality, emotions or judgment or 9

which results in disturbed behaviour; 10

and 11

(b) includes an impairment which presently exists 12

or existed in the past but has now ceased to 13

exist; 14

inquiry means the following — 15

(a) in relation to an inquiry by a disciplinary 16

committee — an inquiry under Part 5 17

Division 6 Subdivision 2; 18

(b) in relation to an inquiry by the impairment 19

review committee — an inquiry under Part 5 20

Division 7 Subdivision 2; 21

interim order means an order made under section 59 or 22

60; 23

limited registration means registration for which the 24

eligibility requirements are set out in section 17; 25

medical practitioner has the meaning given in the 26

Health Practitioner Regulation National Law (Western 27

Australia) section 5; 28

nominee employer, in relation to limited registration, 29

has the meaning given in section 17(a); 30

non-practising registration means registration for 31

which the eligibility requirements are set out in 32

section 18; 33

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professional learning activities policy means the 1

policy, as amended from time to time, approved by the 2

Board under section 20A; 3

provisional (graduate teacher) registration means 4

registration for which the eligibility requirements are 5

set out in section 16A; 6

provisional registration means registration in either of 7

the following categories — 8

(a) provisional (returning teacher) registration; 9

(b) provisional (graduate teacher) registration; 10

provisional (returning teacher) registration means 11

registration for which the eligibility requirements are 12

set out in section 16; 13

psychologist has the meaning given in the Health 14

Practitioner Regulation National Law (Western 15

Australia) section 5; 16

public complaint means a complaint under section 51; 17

registration means registration under Part 3; 18

registration application means any of the following — 19

(a) an application for registration under section 10; 20

(b) an application for renewal of registration under 21

section 11; 22

registration under section 12A; 24

relevant applicant, in relation to a registration 25

application, means either — 26

(a) if the registration application is for the grant or 27

renewal of limited registration for a nominee — 28

the nominee; or 29

(b) for any other registration application — the 30

applicant; 31

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serious incompetence has the meaning given in 1

section 48A; 2

serious misconduct has the meaning given in 3

section 48B; 4

sexual offence means any of the following offences — 5

(a) an offence under The Criminal Code Part V 6

Chapter XXXI; 7

(b) any other offence prescribed for the purposes of 8

this definition; 9

referred to in paragraph (a) or (b); 11

(d) an offence against a law of a jurisdiction other 12

than Western Australia that is substantially 13

similar to an offence referred to in 14

paragraph (a), (b) or (c); 15

student means a person to whom an educational 16

program is being delivered or whose participation in an 17

educational program is being assessed at an educational 18

institution; 19

teach, at an educational institution — 20

(a) means to undertake duties at the institution that 21

include any of the following — 22

(i) the delivery of an educational program 23

and the assessment of student 24

participation in an educational program; 25

(ii) leading the delivery and assessment 26

referred to in subparagraph (i), 27

including managing others undertaking 28

the delivery and assessment; 29

but 30

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(b) does not include to undertake the following 1

duties in the following circumstances — 2

(i) assistance with the delivery and 3

assessment referred to in 4

paragraph (a)(i) at an educational 5

institution by a teacher’s aide or a 6

teacher’s assistant at the institution; 7

(ii) the delivery and assessment referred to 8

in paragraph (a)(i) at an educational 9

institution by a student teacher on 10

practicum placement at the institution; 11

(iii) duties undertaken by a person employed 12

or engaged to provide care at a child 13

care service but who is not employed or 14

engaged to undertake the delivery, 15

assessment or leadership referred to in 16

paragraph (a) at the service; 17

(iv) the delivery and assessment referred to 18

in paragraph (a)(i) at an educational 19

institution by an unpaid volunteer at the 20

institution unless the volunteer is 21

undertaking duties of a kind, or to an 22

extent, prescribed for the purposes of 23

this subparagraph; 24

(v) duties undertaken by prescribed persons 25

or in other prescribed circumstances; 26

Tribunal means the State Administrative Tribunal. 27

(3) In section 3 in the definition of condition delete “restriction;” 29

and insert: 30

restriction or a prohibition; 32

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(4) In section 3 in the definition of professional standards delete 1

“professional standards” and insert: 2

standards, as amended from time to time, 4

5. Section 6 amended 6

In section 6 delete “in an educational venue” and insert: 7

at an educational institution 9

6. Section 7 amended 11

(1) In section 7(1) delete “in an educational venue” and insert: 12

at an educational institution 14

(2) At the end of section 7(1) insert: 16

Penalty for this subsection: 18

(a) for a first offence, a fine of $5 000; 19

(b) for a second or subsequent offence, a fine of 20

$10 000. 21

(3) In section 7(2) delete “teacher to teach in an educational venue” 23

and insert: 24

registered teacher to teach at an educational institution 26

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(4) At the end of section 7(2) insert: 1

Penalty for this subsection: 3

(a) for a first offence, a fine of $5 000; 4

(b) for a second or subsequent offence, a fine of 5

$10 000. 6

(5) After section 7(2) insert: 8

(3) A person must not appoint, employ, engage or give 10

permission to a registered teacher whose registration is 11

suspended to teach at an educational institution. 12

Penalty for this subsection: 13

(a) for a first offence, a fine of $5 000; 14

(b) for a second or subsequent offence, a fine of 15

$10 000. 16

(6) At the end of section 7 delete the Penalty. 18

Note: The heading to amended section 7 is to read: 19

Requirements in relation to appointing, employing or engaging 20

registered teachers or giving permission to teach 21

7. Section 8 amended 22

(1) In section 8 delete “A registered” and insert: 23

(1) A registered 25

(2) In section 8 in the Penalty delete “Penalty:” and insert: 27

Penalty for this subsection: 29

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(3) At the end of section 8 insert: 1

(2) A registered teacher whose registration is suspended 3

must not teach at an educational institution. 4

Penalty for this subsection: 5

(a) for a first offence, a fine of $5 000; 6

(b) for a second or subsequent offence, a fine of 7

$10 000. 8

Note: The heading to amended section 8 is to read: 10

Registered teachers must comply with suspension and 11

conditions on registration 12

8. Section 9 amended 13

(1) In section 9(1)(b) delete “in an educational venue.” and insert: 14

at an educational institution. 16

(2) At the end of section 9(1) insert: 18

Penalty for this subsection: 20

(a) for a first offence, a fine of $5 000; 21

(b) for a second or subsequent offence, a fine of 22

$10 000. 23

(3) In section 9(2): 25

(a) in paragraph (b) delete “himself or herself ” and insert: 26

themself 28

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(b) in paragraph (d) delete “that he or she is a registered 1

teacher or qualified or entitled to teach in an educational 2

venue.” and insert: 3

that the person is a registered teacher or qualified or 5

entitled to teach at an educational institution. 6

(4) At the end of section 9(2) insert: 8

Penalty for this subsection: 10

(a) for a first offence, a fine of $5 000; 11

(b) for a second or subsequent offence, a fine of 12

$10 000. 13

(5) In section 9(3)(b) delete “in an educational venue” and insert: 15

at an educational institution 17

(6) At the end of section 9(3) insert: 19

Penalty for this subsection: 21

(a) for a first offence, a fine of $5 000; 22

(b) for a second or subsequent offence, a fine of 23

$10 000. 24

(7) After section 9(3) insert: 26

(4) A registered teacher whose registration is suspended 28

must not claim to be qualified or entitled to teach at an 29

educational institution. 30

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Penalty for this subsection: 1

(a) for a first offence, a fine of $5 000; 2

(b) for a second or subsequent offence, a fine of 3

$10 000. 4

(8) At the end of section 9 delete the Penalty. 6

9. Part 3 Division 1 Subdivision 1 replaced 7

Delete Part 3 Division 1 Subdivision 1 and insert: 8

Subdivision 1 — Registration applications 10

10. Application for registration 11

(1) An application may be made to the Board for 12

registration as a teacher in 1 of the following 13

categories — 14

(a) full registration; 15

(b) provisional (returning teacher) registration; 16

(d) limited registration. 18

(2) An application must — 19

(a) be in writing in the form approved by the 20

Board; and 21

(b) specify the category of registration applied for; 22

and 23

applicant meets the requirements for the 25

category of registration in accordance with 26

Subdivision 2; and 27

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(d) be accompanied by the written consent of the 1

relevant applicant for the Board to obtain a 2

criminal history check in respect of the relevant 3

applicant; and 4

(e) be accompanied by the prescribed registration 5

fee, if any. 6

(3) The fee referred to in subsection (2)(e) is not 7

refundable. 8

11. Application for renewal of registration 9

(1) An application may be made to the Board for the 10

renewal of a registered teacher’s registration if the 11

registration is in 1 of the following categories — 12

(a) full registration; 13

(b) provisional (returning teacher) registration; 14

(d) limited registration. 16

(2) An application must — 17

(a) be in writing in the form approved by the 18

Board; and 19

(b) specify the category of registration that the 20

application is in respect of; and 21

relevant applicant for the Board to obtain a 23

criminal history check in respect of the relevant 24

applicant; and 25

(d) be accompanied by the prescribed renewal fee, 26

if any. 27

(3) The fee referred to in subsection (2)(d) is not 28

refundable. 29

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12. Applicant for limited registration is employer 1

An application for the grant or renewal of limited 2

registration for a nominee must be made by a nominee 3

employer in relation to the teaching position referred to 4

in section 17(a) for the nominee. 5

12A. Application to change category of registration 6

(1) An application may be made to the Board to change a 7

registered teacher’s category of registration to another 8

category as follows — 9

(a) from full registration to non-practising 10

registration; 11

(b) from provisional registration to full registration; 12

registration; 14

(d) from non-practising registration to full 15

registration; 16

(e) from non-practising registration to provisional 17

registration. 18

(2) An application must — 19

(a) be in writing in the form approved by the 20

Board; and 21

(b) specify the category to which the registration is 22

to be changed; and 23

meets the requirements for the category to 25

which the registration is to be changed in 26

accordance with Subdivision 2; and 27

(d) if the application is to change to a category of 28

registration other than non-practising 29

registration — be accompanied by the written 30

consent of the applicant for the Board to obtain 31

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a criminal history check in respect of the 1

applicant; and 2

(e) be accompanied by the prescribed fee, if any. 3

(3) The fee referred to in subsection (2)(e) is not 4

refundable. 5

13. Information in support of registration application 6

(1) The Board may, in writing, request that a relevant 7

applicant or a nominee employer who has made a 8

registration application does any or all of the 9

following — 10

(a) provide the Board with any further information 11

relevant to the application that the Board 12

requires; 13

(b) verify any further information by statutory 14

declaration; 15

written consent to seek, from another person or 17

body specified by the Board, information 18

relevant to the application. 19

(2) The Board may, in writing, request that a relevant 20

applicant or a nominee employer who has made a 21

registration application attends before the Board for the 22

purpose of satisfying the Board as to any matter 23

relevant to the application. 24

(3) The Board may refuse a registration application if the 25

relevant applicant or the nominee employer who has 26

made the registration application does not comply with 27

a request made under this section. 28

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14. Board may refuse to consider some registration 1

applications 2

The Board may refuse to consider, or consider further, 3

a registration application if — 4

(a) it is not made in accordance with this Act; or 5

(b) a complaint was made against the relevant 6

applicant and the complaint is not finally dealt 7

with at the time the application was made; or 8

suspended; or 10

(d) the relevant applicant is disqualified from 11

having registration granted. 12

10. Sections 15 and 16 replaced 14

Delete sections 15 and 16 and insert: 15

15. Full registration: requirements 17

A person is eligible for full registration in relation to a 18

registration application if the person — 19

(a) meets the teaching qualification requirements 20

set out in section 18A; and 21

(b) is a person who — 22

(i) meets any professional standards 23

approved for full registration; or 24

(ii) within the 5 years before the day on 25

which the Board receives the 26

application, has met any professional 27

standards approved for full registration 28

as in force at the time the person was 29

assessed against the standards; 30

and 31

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(d) has the English language skills, both written 2

and oral, prescribed as suitable for registration 3

as a teacher. 4

16. Provisional (returning teacher) registration: 5

requirements 6

A person is eligible for provisional (returning teacher) 7

registration in relation to a registration application if 8

the person — 9

(a) meets the teaching qualification requirements 10

set out in — 11

(i) if the person was conferred a 12

qualification referred to in 13

section 18A(1)(a)(i) more than 5 years 14

before the day on which the Board 15

receives the application — 16

section 18A(1)(a)(i); or 17

(ii) in any other case — 18

section 18A(1)(a)(ii) or (b); 19

and 20

(b) is a fit and proper person under section 24; and 21

and oral, prescribed as suitable for registration 23

as a teacher. 24

16A. Provisional (graduate teacher) registration: 25

requirements 26

A person is eligible for provisional (graduate teacher) 27

registration in relation to a registration application if 28

the person — 29

(a) meets the teaching qualification requirements 30

set out in section 18A(1)(a)(i); and 31

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(b) is a person who — 1

(i) meets any professional standards 2

approved for provisional (graduate 3

teacher) registration; or 4

(ii) within the 5 years before the day on 5

which the Board receives the 6

application, has met any professional 7

standards approved for provisional 8

(graduate teacher) registration as in 9

force at the time the person was 10

assessed against the standards; 11

and 12

(d) has the English language skills, both written 14

and oral, prescribed as suitable for registration 15

as a teacher. 16

11. Section 17 amended 18

In section 17: 19

(a) delete “eligible for limited registration as a teacher” and 20

insert: 21

eligible for limited registration 23

(b) delete paragraph (a) and insert: 25

(a) has been offered a teaching position at an 27

educational institution by an employer (a 28

nominee employer) at the institution; and 29

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and insert: 2

under section 24; and 4

Note: The heading to amended section 17 is to read: 6

Limited registration: requirements 7

12. Section 18 replaced 8

Delete section 18 and insert: 9

18. Non-practising registration: requirements 11

A person is eligible for non-practising registration if 12

the person — 13

(a) does not intend to teach at an educational 14

institution for a period of time; and 15

(b) holds full registration or provisional 16

registration. 17

18A. Teaching qualification requirements 18

(1) A person meets the teaching qualification requirements 19

if the person — 20

(a) has a teaching qualification — 21

(i) from an accredited initial teacher 22

education program; or 23

(ii) that the Board recognises as equivalent 24

to the qualification referred to in 25

subparagraph (i); 26

or 27

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(b) has a teaching qualification and teaching 1

experience that the Board considers is sufficient 2

to enable the person to hold registration as a 3

teacher. 4

(2) Subsection (1)(a)(ii) and (b) do not apply in relation to 5

a person applying for provisional (returning teacher) 6

registration if the person holds a teaching qualification 7

from an accredited initial teacher education program. 8

13. Section 20 replaced 10

Delete section 20 and insert: 11

20. Professional standards 13

(1) The Minister may approve standards developed by the 14

Board to detail the abilities, experience, knowledge or 15

skills expected of registered teachers. 16

(2) The standards may adopt the text of any code, rules, 17

specifications, standard or other document issued, 18

published or approved by another person or body. 19

(3) The text referred to in subsection (2) may be 20

adopted — 21

(a) wholly or in part or as modified by the 22

standards; and 23

(b) as it exists at a particular date or as amended 24

from time. 25

(4) The Board must make the standards available for 26

inspection on a website maintained by the Board. 27

(5) The standards commence at the beginning of the day 28

after the day on which they are made available for 29

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inspection under subsection (4) or on a later day 1

provided for in the standards. 2

(6) The standards are not subsidiary legislation for the 3

purposes of the Interpretation Act 1984. 4

(7) The Interpretation Act 1984 sections 43 (other than 5

subsection (6)) and 44 and Part VIII apply to the 6

standards as if they were subsidiary legislation. 7

14. Section 20A inserted 9

At the end of Part 3 Division 1 Subdivision 2 insert: 10

20A. Professional learning activities policy 12

(1) The Board may approve a policy for professional 13

learning activities to set the standards for registered 14

teachers, including those applying for renewal of their 15

registration, to maintain their skills and knowledge in 16

relation to teaching. 17

(2) The Board must make the policy available for 18

inspection on a website maintained by the Board. 19

(3) The policy commences at the beginning of the day after 20

the day on which it is made available for inspection 21

under subsection (2) or on a later day provided for in 22

the policy. 23

(4) The policy is not subsidiary legislation for the purposes 24

of the Interpretation Act 1984. 25

(5) The Interpretation Act 1984 sections 43 (other than 26

subsection (6)) and 44 and Part VIII apply to the policy 27

as if it was subsidiary legislation. 28

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15. Sections 21 to 23 replaced 1

Delete sections 21 to 23 and insert: 2

21. Grant of registration 4

(1) The Board may, on application under section 10, grant 5

registration to the relevant applicant in the category for 6

which the application was made if the Board is 7

satisfied that the relevant applicant meets the 8

requirements for registration in that category. 9

(2) The Board cannot grant registration to a person who is 10

indefinitely disqualified from having registration 11

granted by an order of the Tribunal unless — 12

(a) the order was made more than 5 years before 13

the day on which the registration is granted; 14

and 15

(b) the Board has applied for, and obtained, the 16

approval of the Tribunal to do so. 17

(3) In considering whether to give approval under 18

subsection (2)(b), the Tribunal must consider whether 19

the person is a fit and proper person to be registered, 20

having regard to — 21

(a) the matters set out in section 24(1)(a) to (g); 22

and 23

(b) the recommendation of the Board about the 24

person’s fitness and propriety in relation to 25

those matters. 26

(4) The Board cannot grant non-practising registration 27

under this section. 28

(5) The Board cannot grant registration to a teacher whose 29

registration is suspended. 30

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22. Renewal of registration 1

(1) An application for renewal of registration for a 2

registered teacher must be made to the Board at least 3

28 days before the end of the nominal registration 4

period under section 23(2) or (3) or 23A(1), as 5

applicable, of the teacher’s current registration. 6

(2) The Board may, on application under section 11, renew 7

the registration of a registered teacher if the Board is 8

satisfied that — 9

(a) the teacher continues to be a fit and proper 10

person under section 24; and 11

(b) the teacher is complying with the conditions, if 12

any, imposed on the teacher’s registration; and 13

the renewal of registration as are prescribed in 15

respect of the relevant category of registration. 16

(3) The Board can renew provisional registration only if 17

the Board is satisfied that there are sufficient reasons 18

for doing so in the circumstances of the case. 19

(4) The Board cannot renew non-practising registration. 20

(5) The Board cannot renew the registration of a teacher 21

whose registration is suspended. 22

22A. Change of category of registration 23

(1) An application to change a registered teacher’s 24

category of registration from a category other than 25

non-practising registration must be made to the Board 26

at least 28 days before the end of the nominal 27

registration period under section 23(2) or (3), as 28

applicable, of the teacher’s current registration. 29

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(2) If a registered teacher’s non-practising registration has 1

a nominal expiry date under section 23C(1)(a), an 2

application to change the teacher’s category of 3

registration must be made to the Board at least 28 days 4

before the nominal expiry date. 5

(3) The Board may, on application under section 12A, 6

change a registered teacher’s category of registration to 7

the category applied for if the Board is satisfied that the 8

teacher meets the following requirements — 9

(a) in relation to an application to change the 10

category from provisional registration to full 11

registration — the requirements set out in 12

section 15(b) and (c); 13

(b) in relation to an application to change the 14

category from non-practising registration to full 15

registration — the requirements set out in 16

section 15(b) to (d); 17

category from non-practising registration to 19

provisional (returning teacher) registration if 20

the teacher was conferred a qualification 21

referred to in section 18A(1)(a)(i) — 22

(i) the qualification was conferred more 23

than 5 years before the day on which the 24

application was received by the Board; 25

and 26

(ii) the requirements set out section 16(b) 27

and (c); 28

(d) in relation to an application to change the 29

category from non-practising registration to 30

provisional (returning teacher) registration if 31

the teacher was not conferred a qualification 32

referred to in section 18A(1)(a)(i) — the 33

requirements set out in section 16(b) and (c); 34

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(e) in relation to an application to change the 1

category from non-practising registration to 2

provisional (graduate teacher) registration — 3

the requirements set out in section 16A(b) 4

and (c); 5

(f) in relation to an application to change the 6

category from full registration or provisional 7

registration to non-practising registration — the 8

requirements set out in section 18. 9

(4) The Board cannot change the category of registration 10

of a teacher whose registration is suspended. 11

23. Duration of full registration or provisional 12

registration 13

(1) In this section — 14

required time means — 15

(a) in relation to the renewal of registration — the 16

period of 28 days required under section 22(1); 17

or 18

(b) in relation to a change of category of 19

registration — the period of 28 days required 20

under section 22A(1) or (2). 21

(2) The period (the nominal registration period) of full 22

registration is 5 years beginning on — 23

(a) if the registration is granted under section 21 — 24

the day on which the decision to grant the 25

registration is made or a later day specified by 26

the Board; or 27

(b) if the registration is renewed under 28

section 22 — the day on which the decision to 29

renew the registration is made or a later day 30

specified by the Board; or 31

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section 22A — the day on which the decision to 2

change the category is made or a later day 3

specified by the Board. 4

(3) The period (the nominal registration period) of 5

provisional registration is 3 years or a shorter period as 6

is approved by the Board beginning on — 7

(a) if the registration is granted under section 21 — 8

the day on which the decision to grant the 9

registration is made or a later day specified by 10

the Board; or 11

(b) if the registration is renewed under 12

section 22 — the day on which the decision to 13

renew the registration is made or a later day 14

specified by the Board; or 15

section 22A — the day on which the decision to 17

change the category is made or a later day 18

specified by the Board. 19

(4) Despite a nominal registration period under 20

subsection (2) or (3), a person’s full registration or 21

provisional registration (the old registration) expires as 22

follows (whether or not this expiry is before or after the 23

end of the nominal registration period) — 24

(a) if an application is made, within the required 25

time, for renewal of the old registration and the 26

renewal is granted (the new registration) — 27

immediately before the day on which the new 28

registration begins; 29

(b) if an application is made, within the required 30

time, to change the category of the old 31

registration and the change is granted (the new 32

registration) — immediately before the day on 33

which the new registration begins; 34

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made for the person within the required time 2

and the application is refused after the end of 3

the nominal registration period for the old 4

registration — on the day on which notice of 5

that decision is given to the applicant under 6

section 29; 7

(d) if an application to change the category of 8

registration is made for the person within the 9

required time and the application is refused 10

after the end of the nominal registration period 11

for the old registration — on the day on which 12

notice of that decision is given to the applicant 13

under section 29. 14

23A. Duration of limited registration 15

(1) The period (the nominal registration period) of limited 16

registration is 3 years or a shorter period as is approved 17

by the Board beginning on — 18

(a) if the registration is granted under section 21 — 19

the day on which the decision to grant the 20

registration is made or a later day specified by 21

the Board; or 22

(b) if the registration is renewed under 23

section 22 — the day on which the decision to 24

renew the registration is made or a later day 25

specified by the Board. 26

(2) However, if a nominee employer gives notice under 27

subsection (3) to the Board of the employer’s intention 28

to make an application for limited registration under 29

section 10 for a nominee, the nominee’s limited 30

registration is taken to have been granted on the day on 31

which the notice was given. 32

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(3) A nominee employer may give the Board notice (a 1

pre-application notice) of the employer’s intention to 2

make an application for limited registration under 3

section 10 for a nominee if — 4

(a) the pre-application notice is in a form approved 5

by the Board; and 6

(b) the employer — 7

(i) has not previously given a 8

pre-application notice to the Board in 9

relation to the nominee; or 10

(ii) is approved by the Board to give the 11

pre-application notice for the nominee. 12

(4) Despite a nominal registration period under 13

subsection (1), a nominee’s limited registration (the old 14

registration) expires as follows (whether or not this 15

expiry is before or after the end of the nominal 16

registration period) — 17

(a) if an application is made for the nominee, 18

within the period of 28 days required under 19

section 22(1), for renewal of the old registration 20

and the renewal is granted (the new 21

registration) — immediately before the day on 22

which the new registration begins; 23

(b) if an application for renewal of registration is 24

made for the nominee within the required time 25

under section 22(1) and the application is 26

refused after the end of the nominal registration 27

period for the old registration — on the day on 28

which notice of that decision is given to the 29

applicant and the nominee under section 29; 30

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registration) under section 10 is made for the 2

nominee and the application is granted — 3

immediately before the day on which the new 4

registration begins; 5

(d) if the nominee employer has given 6

pre-application notice and the application for 7

the limited registration is refused — on the day 8

on which notice of that decision is given to the 9

applicant and the nominee under section 29; 10

(e) if the nominee employer has given 11

pre-application notice and the application for 12

the limited registration is not made within 13

14 days (the termination period) after the day 14

on which the notice was given — at the end of 15

the termination period. 16

23B. Duration of limited registration when teaching 17

position ends 18

(1) This section applies to limited registration held by a 19

nominee in relation to an offer of a teaching position 20

with a nominee employer. 21

(2) Despite section 23A, the nominee’s limited registration 22

expires on the day (the expiry day) on which the 23

nominee’s appointment, employment or engagement or 24

permission to teach with the nominee employer ends in 25

relation to the teaching position if the expiry day is 26

before — 27

(a) the end of the nominal registration period; or 28

(b) an expiry that applies under section 23A(4) to 29

the registration. 30

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23C. Duration of non-practising registration 1

(1) The period of non-practising registration commences 2

on the day on which the decision to grant the 3

registration is made or a later day specified by the 4

Board and — 5

(a) expires on a date (the nominal expiry date) 6

specified by the Board; or 7

(b) in any other case — is for an indefinite period. 8

(2) Despite subsection (1), a person’s non-practising 9

registration expires immediately before the day on 10

which registration begins in another category granted 11

to the person by the Board if — 12

(a) the person applies to change their category of 13

registration from non-practising registration; 14

and 15

(b) in relation to non-practising registration with a 16

nominal expiry date — the requirements in 17

section 22A(2) are met. 18

16. Section 24 amended 20

(1) In section 24: 21

(a) delete “In determining whether a person is a fit and 22

proper person to be registered, the Board is to” and 23

insert: 24

(1) In determining whether a person is a fit and proper 26

person to be registered, the Board must 27

(b) in paragraph (b) delete “such an” and insert: 29

the 31

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from a criminal history check 3

(d) delete paragraph (d)(i) and insert: 5

(i) departs from the standard of behaviour 7

reasonably expected of a registered 8

teacher; or 9

(e) in paragraph (e)(i) delete “State Administrative”; 11

(f) after paragraph (f) insert: 12

(fa) whether the person would be unable to carry 14

out the inherent requirements of the work of a 15

registered teacher because of an impairment; 16

(2) At the end of section 24 insert: 18

(2) Despite subsection (1), a person is taken to be a fit and 20

proper person to be registered in relation to a 21

registration application if the person — 22

(a) meets any prescribed requirements within 23

5 years before the day on which the Board 24

receives the registration application for the 25

person and no further information has become 26

available to the Board about the person’s fitness 27

or propriety, including from a criminal history 28

check, since the person met the prescribed 29

requirements; or 30

(b) has approval under section 21(2)(b) from the 31

Tribunal given within 5 years before the day on 32

which the Board receives the registration 33

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application for the person and no further 1

information relevant to the approval has 2

become available to the Board about the 3

person’s fitness or propriety, including from a 4

criminal history check, since the approval was 5

given. 6

17. Section 26 amended 8

(1) In section 26(1)(a) delete “granting or renewing” and insert: 9

granting, renewing or changing the category of 11

(2) After section 26(2) insert: 13

(2A) Without limiting subsections (1) and (2), conditions on 15

a teacher’s registration may be imposed, modified or 16

cancelled by the Board under this section if the 17

teacher’s ability to carry out the inherent requirements 18

of the work of a registered teacher is affected, or is 19

likely to be affected, because of an impairment. 20

(3) In section 26(4) delete “State Administrative”. 22

18. Section 26A inserted 23

After section 26 insert: 24

26A. Condition of non-practising registration 26

It is a condition of non-practising registration that a 27

person holding the registration must not teach at an 28

educational institution. 29

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19. Section 27 amended 1

In section 27(2): 2

(a) in paragraph (a) delete “a sexual offence involving a 3

child; or” and insert: 4

an actionable offence; or 6

(b) after paragraph (e) insert: 8

(ea) information in a registration application about 10

the teaching experience referred to in 11

section 18A(1)(b) that enabled the teacher to 12

gain registration is misleading in a material 13

particular; or 14

20. Section 29 replaced 16

Delete section 29 and insert: 17

29. Notice of decisions on registration must be given 19

(1) The Board must give written notice of the outcome of a 20

registration application no later than 14 days after 21

deciding on the outcome of the application to — 22

(a) the applicant; and 23

(b) if the application is in respect of limited 24

registration — the nominee. 25

(2) If the registration is granted under section 21(1), 26

renewed under section 22(2) or changed under 27

section 22A(3) the notice must contain the 28

following — 29

(a) the category of registration; 30

(b) the period of the registration; 31

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(d) any conditions imposed on the registration; 2

(e) if a condition is imposed — 3

(i) the reasons for the imposition of the 4

condition; and 5

(ii) a statement that the applicant may have 6

a right to a review under section 124. 7

(3) If a registration application is refused the notice must 8

contain — 9

(a) the reasons why it has been refused; and 10

(b) a statement that the applicant may have a right 11

to a review under section 124. 12

21. Section 30 amended 14

In section 30(1)(b) delete “registration,” and insert: 15

registration — 17

Note: The heading to amended section 30 is to read: 19

Notice of decisions to impose, modify or cancel a condition made 20

during currency of registration 21

22. Section 31 amended 22

(1) In section 31(1)(b) delete “registration,” and insert: 23

registration — 25

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(2) After section 31(2) insert: 1

(3) The notice must not contain identifying information 3

provided by the Commissioner of Police under 4

section 41A. 5

Note: The heading to amended section 31 is to read: 7

Notice of cancellation or reinstatement of registration must be 8

given 9

23. Section 32 amended 10

(1) In section 32(1)(a) and (b) delete “of an” and insert: 11

of a registration 13

(2) In section 32(2)(b) delete “registration, to” and insert: 15

registration — 17

24. Section 34 deleted 19

Delete section 34. 20

25. Section 36 amended 21

After section 36(2) insert: 22

(3) Despite subsection (1), the Board may remove 24

information on the register in respect of a teacher 25

whose registration is suspended. 26

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26. Section 37 amended 1

(1) In section 37(1) insert in alphabetical order: 2

nominated supervisor has the meaning given in the 4

Education and Care Services National Law (Western 5

Australia) section 5(1); 6

supervising officer has the meaning given in the Child 7

Care Services Act 2007 section 5A. 8

(2) In section 37(1) in the definition of register information 10

(public) delete “section 36(1)(e).” and insert: 11

section 36(1)(e); 13

(3) Delete section 37(3) and insert: 15

(3) The Board must make register information 17

(professional) available for inspection, in accordance 18

with subsection (2), by any of the following as the 19

Board thinks appropriate — 20

(a) a registered teacher (other than a teacher whose 21

registration is suspended); 22

(b) an employer; 23

registration is suspended); 25

(d) a nominated supervisor of a centre-based 26

service; 27

(e) a supervising officer for a child care service; 28

(f) a person appointed under the Young Offenders 29

Act 1994 section 11(1a)(b) as a principal of 30

teaching staff at a detention centre; 31

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(g) a person who — 1

(i) has been nominated by a person referred 2

to in any of paragraphs (a) to (f) as 3

being a person who has good reason to 4

inspect register information 5

(professional); and 6

(ii) has been accepted by the Board as a 7

suitable person to inspect register 8

information (professional); 9

(h) any other person prescribed. 10

27. Section 38 amended 12

(1) In section 38(1): 13

(a) delete “A registered teacher must give written notice to 14

the Board” and insert: 15

This section applies to a registered teacher 17

(b) in paragraph (b) after “convicted” insert: 19

or found guilty 21

(2) Delete section 38(2) and insert: 23

(2) The registered teacher must give written notice to the 25

Board of any prescribed details in relation to the order, 26

conviction or finding of guilt, as applicable, no later 27

than 30 days after the following — 28

(a) for the order — the day on which the teacher 29

becomes aware of the order; 30

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page 40

(b) for the finding of guilt — the day on which the 1

teacher is found guilty; 2

judgment of conviction is entered. 4

Penalty for this subsection: a fine of $5 000. 5

(3) It is a defence to a charge of an offence under 6

subsection (2) for the teacher to prove that they had a 7

reasonable excuse for failing to give the notice. 8

(3) At the end of section 38 delete the Penalty. 10

28. Section 39 amended 11

(1) In section 39(1) delete “A registered teacher must give written 12

notice to the Board” and insert: 13

This section applies to a registered teacher 15

(2) Delete section 39(2) and insert: 17

(2) The registered teacher must give written notice to the 19

Board of any prescribed details in relation to the 20

withdrawal or cancellation no later than 30 days after 21

the withdrawal or cancellation. 22

Penalty for this subsection: a fine of $5 000. 23

(3) At the end of section 39 delete the Penalty. 25

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29. Section 40 amended 1

(1) In section 40(1) delete “A registered teacher must give written 2

notice to the Board if an interim negative notice or a negative 3

notice is issued to the person, under” and insert: 4

This section applies to a registered teacher if an interim negative 6

notice or a negative notice is issued to the teacher under 7

(2) Delete section 40(2) and insert: 9

(2) The registered teacher must give to the Board no later 11

than 14 days after the interim negative notice or the 12

negative notice is issued — 13

(a) notice of any prescribed details in relation to 14

the interim negative notice or negative notice; 15

and 16

(b) a copy of the interim negative notice or 17

negative notice. 18

Penalty for this subsection: a fine of $5 000. 19

(3) At the end of section 40 delete the Penalty. 21

30. Sections 41 and 42 replaced 22

Delete sections 41 and 42 and insert: 23

41. Commissioner of Police must give notice about 25

prosecutions of registered teachers 26

(1) This section applies if the Commissioner of Police 27

becomes aware of any of the following 28

circumstances — 29

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(a) a registered teacher is charged by a police 1

officer with an actionable offence; 2

(b) on prosecution by a police officer, a registered 3

teacher is convicted or found guilty of an 4

indictable offence dealt with summarily; 5

acquittal or mistrial in relation to, all charges 7

against a registered teacher of actionable 8

offences. 9

(2) As soon as practicable after the Commissioner of 10

Police becomes aware of a circumstance referred to in 11

subsection (1), the Commissioner must give written 12

notice in the prescribed form to the Board of the 13

circumstance and any other prescribed information in 14

relation to the circumstance. 15

41A. Commissioner of Police may give notice about 16

victims and witnesses in relation to prosecutions of 17

registered teachers 18

(1) In this section — 19

identifying information, in relation to a prosecution by 20

a police officer or the Director of Public Prosecutions 21

of a registered teacher for an actionable offence, means 22

information that identifies a person who the 23

Commissioner of Police has reasonable grounds to 24

believe — 25

(a) was a child at any time during the commission 26

of the offence; and 27

(b) is a victim or alleged victim in relation to the 28

offence or is or was a witness or is to be a 29

witness in relation to the prosecution of the 30

offence. 31

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(2) The Board may request in writing that the 1

Commissioner of Police gives identifying information 2

to the Board, in relation to a prosecution by a police 3

officer or the Director of Public Prosecutions of a 4

registered teacher for an actionable offence, if the 5

Board considers that the information is necessary to 6

protect the safety of a child. 7

(3) The Commissioner of Police may give written notice of 8

the identifying information in the prescribed form to 9

the Board in response to a request under subsection (2) 10

if the Commissioner considers that giving the notice — 11

(a) will not prejudice an investigation or 12

prosecution; and 13

(b) is in the best interests of the victim, alleged 14

victim or witness, as the case requires. 15

41B. DPP must give notice about prosecutions of 16

registered teachers 17

(1) This section applies if the Director of Public 18

Prosecutions becomes aware of any of the following 19

circumstances — 20

(a) on prosecution by the Director of Public 21

Prosecutions, a registered teacher is convicted 22

or found guilty of an indictable offence; 23

(b) the Director of Public Prosecutions 24

discontinues, or there is an acquittal or mistrial 25

in relation to, all charges against a registered 26

teacher of actionable offences. 27

(2) As soon as practicable after the Director of Public 28

Prosecutions becomes aware of a circumstance referred 29

to in subsection (1), the Director must give written 30

notice in the prescribed form to the Board of the 31

circumstance and any other prescribed information in 32

relation to the circumstance. 33

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page 44

(3) For the purposes of this section, the Director of Public 1

Prosecutions is not required to confirm whether each 2

person prosecuted for an offence referred to in 3

subsection (1) is a registered teacher. 4

42. Employers must give notice when teachers cease 5

teaching in cases of serious incompetence or 6

misconduct 7

(1) This section applies if the following 2 circumstances 8

exist — 9

(a) an employer at an educational institution has 10

reasonable grounds to suspect that a teacher at 11

the institution may have engaged in serious 12

misconduct or may have taught with serious 13

incompetence; 14

(b) the teacher — 15

(i) is dismissed or suspended from teaching 16

at the institution by the employer; or 17

(ii) has resigned or ceases teaching at the 18

institution. 19

(2) The employer must give written notice of the 20

circumstances referred to in subsection (1)(a) and (b) 21

and any prescribed information to the Board 22

within 7 days after the day on which the later of 23

the 2 circumstances occurs. 24

Penalty for this subsection: a fine of $5 000. 25

(3) Subsection (2) does not apply to the employer if 26

another person has already given notice under 27

subsection (2) in relation to the circumstances. 28

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31. Section 42A inserted 1

At the end of Part 4 Division 1 Subdivision 2 insert: 2

42A. No liability for disclosing information 4

If information is disclosed by a person under this 5

Subdivision in good faith — 6

(a) no civil or criminal liability is incurred by the 7

person in respect of the disclosure; and 8

(b) the disclosure cannot be regarded as a breach of 9

any duty of confidentiality or secrecy imposed 10

by law on the person; and 11

professional ethics or standards or any 13

principles of conduct applicable to the person’s 14

employment or as unprofessional conduct. 15

32. Section 43 amended 17

In section 43(2) delete “such later time as is” and insert: 18

a later time 20

33. Section 45 replaced 22

Delete section 45 and insert: 23

45. Action to be taken by Board on receiving notice or 25

criminal history check 26

(1) This section applies if the Board receives — 27

(a) a notice about a person under Division 1; or 28

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(b) a criminal history check in respect of a person. 1

(2) As soon as practicable after receiving a notice or 2

criminal history check referred to in subsection (1), the 3

Board must consider the information in that notice or 4

criminal history check, and any other information it 5

considers relevant, and decide if it is appropriate to do 6

any of the following — 7

(a) cancel the person’s registration under 8

section 27; 9

(b) make an interim order; 10

(d) if the person is currently appointed, employed 12

or engaged, or has permission to teach, at an 13

educational institution — advise the person’s 14

employer of the information contained in the 15

notice or criminal history check; 16

(e) cause to be published under section 118 any of 17

the information. 18

34. Part 5 heading replaced 20

Delete the heading to Part 5 and insert: 21

Part 5 — Disciplinary matters, impairment 23

matters and investigations 24

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35. Sections 46 to 48 replaced 1

Delete sections 46 to 48 and insert: 2

46. Terms used 4

In this Part — 5

disciplinary matter has the meaning given in 6

section 47; 7

impairment matter has the meaning given in 8

section 48. 9

47. Disciplinary matters 10

Each of the following is a disciplinary matter in 11

relation to a registered teacher or formerly registered 12

teacher — 13

(a) the teacher has contravened this Act; 14

(b) the teacher has contravened a condition 15

imposed on their registration; 16

under this Part; 18

(d) the teacher has been convicted or found guilty 19

of — 20

(i) a serious offence; or 21

(ii) an actionable offence; or 22

(iii) a prescribed offence; 23

(e) the teacher has taught with serious 24

incompetence at an educational institution; 25

(f) the teacher has engaged in serious misconduct; 26

(g) the teacher has contravened an undertaking 27

given to the Board under this Act; 28

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(h) the teacher has taught at an educational 1

institution while their registration was 2

suspended. 3

48. Impairment matters 4

There is an impairment matter in relation to a 5

registered teacher if the teacher’s ability to carry out 6

the inherent requirements of the work of a registered 7

teacher is, or is likely to be, affected because of an 8

impairment. 9

48A. Serious incompetence 10

(1) A registered teacher or formerly registered teacher has 11

taught with serious incompetence if the teacher has 12

taught at a standard, whether by act or omission, that is 13

substantially below the standard that is reasonably 14

expected of a registered teacher. 15

(2) For the purposes of subsection (1), in considering 16

whether the standard of teaching is substantially below 17

that which is reasonably expected of a registered 18

teacher, the following must be taken into account — 19

(a) the frequency of the incompetence; 20

(b) the extent of the incompetence, including any 21

risks caused by the incompetence to the 22

education of a student or to the safety of a 23

person; 24

(d) any other relevant matter. 26

48B. Serious misconduct 27

A registered teacher or formerly registered teacher has 28

engaged in serious misconduct if the teacher engaged 29

in improper conduct of a serious kind that departs from 30

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the standard of behaviour reasonably expected of a 1

registered teacher. 2

48C. Board’s powers of investigation 3

(1) The Board may conduct an investigation in relation to 4

any of the following — 5

(a) a notice about a person under Part 4 Division 1; 6

(b) a criminal history check; 7

(d) any other information received by the Board. 9

(2) The Board may do any of the following in relation to 10

an investigation under this Act — 11

(a) by written direction given to a person, require 12

the person to answer questions orally or in 13

writing and require the attendance of the person 14

at a time and place specified in the direction for 15

that purpose; 16

(b) by written direction given to a person, require 17

the person to produce at a time and place 18

specified in the direction any document or other 19

thing that is in the possession or under the 20

control of the person and is relevant to an 21

investigation; 22

thing produced; 24

(d) inspect a document or other thing produced and 25

retain it for any reasonable period as the Board 26

thinks fit; 27

(e) make copies of or take extracts from the 28

document or other thing produced or any of its 29

contents. 30

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(3) A person commits an offence if the person — 1

(a) fails to comply with a direction given to the 2

person under subsection (2)(a) or (b); and 3

(b) was informed when the direction was given that 4

a failure to comply with the direction may 5

constitute an offence under this subsection. 6

Penalty for this subsection: a fine of $5 000. 7

(4) It is a defence to a charge of an offence under 8

subsection (3) for the person to prove that the person 9

had a reasonable excuse for failing to comply with the 10

direction. 11

(5) For the purposes of subsection (4), it is not a 12

reasonable excuse for a person to fail to comply with a 13

direction given to the person under subsection (2)(a) or 14

(b) on the ground that to do so might incriminate the 15

person or render the person liable to a penalty. 16

(6) However, any information or answer given by an 17

individual, or the fact that a document or other thing 18

was produced by an individual, in compliance with a 19

direction given to the individual under 20

subsection (2)(a) or (b), is not admissible in evidence 21

against the individual in any proceedings other than the 22

following — 23

(a) a complaint, interim order, inquiry or 24

proceedings taken under this Part or a law of 25

another State or a Territory or New Zealand 26

that deals with the registration of teachers 27

(however described); 28

(b) proceedings for an offence under section 127; 29

(7) This section is in addition to, and does not affect the 31

operation of, the Evidence Act 1906 section 11. 32

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(8) The Board may keep records of an investigation 1

including an audio or visual recording of questions 2

asked and answered in relation to a direction under this 3

section. 4

48D. Protection for compliance with direction 5

(1) A person must comply with a direction given to the 6

person under section 48C(2)(a) or (b) despite the 7

provisions of any other written law. 8

(2) However, other than for a complaint, interim order, 9

inquiry or proceedings referred to in section 48C(6)(a), 10

(b) or (c) — 11

(a) no civil or criminal liability is incurred as a 12

result of compliance with the direction; and 13

(b) compliance with the direction cannot be 14

regarded as — 15

(i) a breach of any duty of confidentiality 16

or secrecy imposed by law; or 17

(ii) a breach of professional ethics, 18

professional standards or any principles 19

of conduct applicable to the person’s 20

employment; or 21

(iii) unprofessional conduct (however 22

described). 23

36. Section 49 amended 25

(1) Delete section 49(1) and insert: 26

(1) The Board must establish 1 or more committees, each 28

to be known as a disciplinary committee. 29

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(2) In section 49(3)(c) delete “such other person as” and insert: 1

any other person that 3

(3) In section 49(8): 5

(a) delete “A notice or order” and insert: 6

A notice, direction, order or other document 8

(b) in paragraph (b) delete “the notice or order.” and insert: 10

the notice, direction, order or other document. 12

37. Section 50 amended 14

(1) Delete section 50(3)(c) and insert: 15

(2) In section 50(8): 19

(a) delete “A notice, order or appointment” and insert: 20

A notice, direction, order, appointment or other 22

document 23

(b) in paragraph (b) delete “the notice, order or 25

appointment.” and insert: 26

the notice, direction, order, appointment or other 28

document. 29

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38. Part 5 Division 3 heading replaced 1

Delete the heading to Part 5 Division 3 and insert: 2

Division 3 — Complaints, assessments and 4

investigations 5

39. Section 51 replaced 7

Delete section 51 and insert: 8

51. Making a complaint 10

(1) A complaint may be made to the Board about a 11

disciplinary matter that occurred or allegedly occurred 12

in relation to — 13

(a) a registered teacher; or 14

(b) a formerly registered teacher who held 15

registration at the time that the matter the 16

subject of the complaint occurred or allegedly 17

occurred. 18

(2) A complaint may be made to the Board about an 19

impairment matter that exists or allegedly exists in 20

relation to a registered teacher. 21

51A. Complaints formulated by Board 22

(1) The Board may formulate a complaint based on any of 23

the information referred to in subsection (3) about a 24

disciplinary matter that occurred or allegedly occurred 25

in relation to — 26

(a) a registered teacher; or 27

(b) a formerly registered teacher who held 28

registration at the time that the matter the 29

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page 54

subject of the complaint occurred or allegedly 1

occurred. 2

(2) The Board may formulate a complaint based on any of 3

the information referred to in subsection (3) about an 4

impairment matter that exists or allegedly exists in 5

relation to a registered teacher. 6

(3) The Board may base a complaint on any of the 7

following — 8

(a) a notice about a person under Part 4 Division 1; 9

(b) a criminal history check; 10

including information from any assessment or 12

investigation; 13

(d) if the Board decides to reformulate a public 14

complaint — the public complaint. 15

(4) A complaint based on information referred to in 16

subsection (3)(d) is taken not to be a public complaint 17

when it is reformulated by the Board. 18

51B. Assessments and investigations 19

(1) The Board may do any of the following it considers 20

appropriate in relation to a complaint — 21

(a) make an assessment; 22

(b) undertake an investigation under section 48C. 23

(2) The Board may reassess or reinvestigate a complaint at 24

any time whether or not the Board has dealt with the 25

complaint under this Part. 26

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40. Section 52 amended 1

(1) Delete section 52(1) and insert: 2

(1) The Board must give written notice to a registered 4

teacher or formerly registered teacher who is the 5

subject of a complaint as soon as practicable after the 6

complaint is made. 7

(2) In section 52(2)(b) before “the identity” insert: 9

if the complaint is a public complaint — 11

(3) In section 52(3): 13

(a) in paragraph (a) delete “the investigation of the” and 14

insert: 15

an investigation of a 17

(b) in paragraph (c) delete “the complainant or another” and 19

insert: 20

any 22

(4) In section 52(5) delete “the complaint, seek further information 25

about the complaint from the complainant or another person or 26

otherwise undertake preliminary inquiries into the complaint,” 27

and insert: 28

or investigate the complaint 30

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Note: The heading to amended section 52 is to read: 1

Teacher must be notified of complaint 2

41. Part 5 Division 4 heading amended 3

Delete the heading to Part 5 Division 4 and insert: 4

Division 4 — Dealing with and referring complaints 6

42. Section 53 replaced 8

Delete section 53 and insert: 9

53. Dealing with and referring complaints 11

(1) The Board must deal with a complaint in 1 of the 12

following ways — 13

(a) reject a public complaint or withdraw a 14

board-formulated complaint under 15

section 57(1); 16

(b) make an interim order; 17

under section 54, to a disciplinary committee to 19

deal with under Division 6; 20

(d) if the complaint is in respect of a registered 21

teacher — refer the complaint, together with a 22

report under section 54, to the impairment 23

review committee to deal with under 24

Division 7; 25

(e) refer the complaint under Division 8 to the 26

Tribunal; 27

(f) if the Board considers that another person, 28

organisation or agency could deal more 29

appropriately with the subject matter of the 30

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complaint — refer the complaint to that person, 1

organisation or agency. 2

(2) Before dealing with a complaint under subsection (1), 3

the Board may make any assessment or investigation as 4

it considers appropriate. 5

(3) Notice of a decision under this section must be given in 6

accordance with section 85. 7

43. Sections 55 and 56 replaced 9

Delete sections 55 and 56 and insert: 10

55. Committee may make requests or recommendations 12

to Board about complaints 13

(1) A committee to which the Board has referred a 14

complaint under section 53(1)(c) or (d) may, at any 15

time while dealing with the complaint, do any of the 16

following unless otherwise required under this Act — 17

(a) request that the Board undertakes further 18

investigation of the complaint or part of the 19

complaint; 20

(b) recommend that the Board make an interim 21

order in relation to the complaint or part of the 22

complaint; 23

or part of the complaint to another committee 25

established under this Part; 26

(d) recommend that the Board refer the complaint 27

or part of the complaint to the Tribunal; 28

(e) recommend that the Board refer the complaint 29

or part of the complaint to another person, 30

organisation or agency; 31

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(f) recommend that the Board dismiss the 1

complaint or part of the complaint. 2

(2) A committee to which the Board has referred a 3

complaint under section 53(1)(c) or (d) may, before an 4

inquiry into the complaint begins, recommend that the 5

Board reject or withdraw the complaint under 6

section 57(1). 7

(3) The Board may deal with a complaint — 8

(a) in relation to which a request under 9

subsection (1)(a) is made by a committee — by 10

undertaking an investigation under section 48C 11

in relation to the complaint or part of the 12

complaint and providing any information from 13

the investigation to the committee; or 14

(b) in relation to which a recommendation is made 15

under subsection (1)(b) to (e) or (2) — in any 16

of the ways referred to in section 53(1)(a) to (f); 17

or 18

under subsection (1)(f) — by dismissing the 20

complaint in whole or in part if the Board is 21

satisfied that — 22

(i) no disciplinary matter occurred or 23

impairment matter exists in relation to 24

the complaint or part of the complaint; 25

or 26

(ii) there is not sufficient evidence for the 27

complaint or part of the complaint to be 28

determined; or 29

(iii) there are other reasons for the dismissal 30

of the complaint or part of the 31

complaint. 32

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(4) Notice of a decision under subsection (3)(b) or (c) must 1

be given in accordance with section 85. 2

44. Section 57 amended 4

Delete section 57(1) and insert: 5

(1) The Board may reject a public complaint or withdraw a 7

board-formulated complaint if the Board is of the 8

opinion that the complaint — 9

(a) is in respect of a matter that is not within the 10

power of the Board, a disciplinary committee, 11

the impairment review committee or the 12

Tribunal to deal with under this Act; or 13

(b) is in relation to a matter that has already been 14

appropriately dealt with by another person, 15

organisation or agency; or 16

(i) in relation to a public complaint — 18

vexatious, trivial, unreasonable, without 19

substance or not a matter that is in the 20

public interest to pursue; or 21

(ii) in relation to a board-formulated 22

complaint — without substance or not a 23

matter that is in the public interest to 24

pursue. 25

Note: The heading to amended section 57 is to read: 27

Complaints without substance 28

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45. Part 5 Division 5 replaced 1

Delete Part 5 Division 5 and insert: 2

Division 5 — Interim orders 4

58. Interim orders generally 5

(1) The Board may make an interim order in respect of a 6

matter whether or not the matter, or part of the matter, 7

is the subject of a complaint or inquiry being dealt with 8

under this Act. 9

(2) Unless section 83(2) applies, an interim order cannot 10

have effect for more than 30 days. 11

(3) The Board may vary or revoke an interim order unless 12

the matter in respect of which the order was made has 13

been referred to the Tribunal. 14

(4) Notice of an interim order must be given in accordance 15

with section 85. 16

(5) An interim order takes effect — 17

(a) on — 18

(i) the day on which notice of the order is 19

given to the person who is bound by the 20

order; or 21

(ii) a later day specified in the order; 22

and 23

(b) whether or not the person who is bound by the 24

order has had an opportunity to make 25

representations to the Board. 26

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59. Interim orders may be made if teacher poses risk of 1

harm 2

(1) If the Board believes, on reasonable grounds, that a 3

registered teacher may pose a risk of harm to any 4

person, the Board may make an order imposing, 5

modifying or cancelling 1 or more conditions on the 6

teacher’s registration. 7

(2) The Board may make an order suspending the 8

registration of a registered teacher if the Board believes 9

on reasonable grounds that — 10

(a) the teacher may pose a risk of harm to a 11

student; and 12

(b) the suspension is necessary to protect a student. 13

(3) An order may be made under subsection (1) or (2) 14

whether or not the teacher is currently appointed, 15

employed or engaged, or has permission to teach, at an 16

educational institution. 17

(4) Nothing in subsection (1) limits the powers of the 18

Board in relation to imposing, modifying or cancelling 19

conditions on registration. 20

60. Interim orders must be made if teacher charged 21

with actionable offence 22

(1) If the Board becomes aware that a registered teacher 23

has been charged with an actionable offence, the Board 24

must make an order suspending the teacher’s 25

registration. 26

(2) An order must be made under subsection (1) whether 27

or not the teacher is currently appointed, employed or 28

engaged, or has permission to teach, at an educational 29

institution. 30

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61. Matters for which interim orders made must be 1

referred to Tribunal 2

(1) Within 14 days after the day on which the Board makes 3

an interim order the Board must — 4

(a) refer the matter in respect of which the interim 5

order was made to the Tribunal to be 6

determined under Division 8; and 7

(b) order that any inquiry in respect of the matter 8

that was commenced before the making of the 9

interim order is discontinued. 10

(2) A disciplinary committee or the impairment review 11

committee must give effect to an order under 12

subsection (1)(b) in relation to a matter that has been 13

referred to the committee. 14

(3) Subsection (1) does not apply if the interim order is 15

revoked under section 58(3) within the 14 days referred 16

to in subsection (1). 17

(4) On a referral under subsection (1)(a) the Tribunal may, 18

in addition to any other order it may make, affirm or 19

revoke an interim order or vary the order by extending 20

the period for which it applies or in any other respect. 21

(5) The Board may refer a matter or make an order under 22

subsection (1) after the 14-day period referred to in 23

subsection (1) if the Tribunal allows the referral or 24

order. 25

(6) If the registered teacher who is the subject of the matter 26

referred under subsection (1)(a) has been charged with 27

1 or more offences, the Board may refer any complaint 28

that relates to the matter before or after the charge or 29

charges have been finally determined. 30

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46. Section 62 amended 1

(1) Delete section 62(1) and insert: 2

(1) A disciplinary committee must make a preliminary 4

assessment of a complaint referred to it by the Board 5

and may deal with the complaint in any of the 6

following ways — 7

(a) deal with the complaint under Subdivision 2; 8

(b) make a request or recommendation to the Board 9

under section 55(1) or (2); 10

matter the subject of the complaint is before 12

another person or body or is the subject of 13

proceedings — postpone consideration of the 14

complaint pending the outcome of any 15

investigation, hearing or proceedings. 16

(2) In section 62(2) delete “this section is to” and insert: 18

subsection 1(a) or (c) must 20

Note: The heading to amended section 62 is to read: 22

Initial assessment 23

47. Sections 63 and 64 replaced 24

Delete sections 63 and 64 and insert: 25

63. Disciplinary committee may conduct inquiry into 27

certain complaints 28

If a complaint in relation to a registered teacher or 29

formerly registered teacher appears to a disciplinary 30

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committee to be about a disciplinary matter, the 1

committee may conduct an inquiry into the complaint. 2

63A. Hearings 3

(1) A disciplinary committee may hold hearings for the 4

purposes of an inquiry. 5

(2) Hearings must be held in public. 6

(3) However, the disciplinary committee may direct that a 7

hearing, or any part of a hearing, be held in private if 8

the committee is satisfied that it is desirable to do so 9

because of the confidential nature of any evidence or 10

matter or for any other reason. 11

64. Inquiry: procedure and evidence 12

In conducting an inquiry, a disciplinary committee — 13

(a) must act with as little formality and technicality 14

and as speedily as the requirements of this Act 15

and a proper hearing of the matter permit; and 16

(b) is not bound by the rules of evidence and may 17

inform itself on any matter as it thinks fit; and 18

(d) may, subject to this Act and the rules of 20

procedural fairness, determine its own 21

procedures; and 22

(e) may be assisted by a legal practitioner 23

appointed by the Board for that purpose. 24

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48. Section 65 amended 1

In section 65(1) delete “inquiry, a disciplinary committee is to 2

give the teacher” and insert: 3

inquiry into a complaint, a disciplinary committee must give a 5

registered teacher or formerly registered teacher who is the 6

subject of the complaint 7

49. Section 66 replaced 9

Delete section 66 and insert: 10

66. Evidence and findings in other proceedings 12

(1) For the purposes of an inquiry, a disciplinary 13

committee may — 14

(a) receive in evidence any transcript of evidence 15

taken in any proceedings of a court, tribunal or 16

other body constituted under the law of this 17

State or any other place; or 18

(b) adopt any findings, decisions, judgment or 19

reasons for judgment of a court, tribunal or 20

other body constituted under the law of this 21

State or any other place. 22

(2) A disciplinary committee may draw conclusions of fact 23

that it considers appropriate from anything that it 24

receives in evidence or adopts under subsection (1). 25

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50. Section 67 amended 1

(1) In section 67(1): 2

(a) delete “A party to an inquiry” and insert: 3

For the purposes of an inquiry into a complaint, a 5

registered teacher or formerly registered teacher who is 6

the subject of the complaint 7

(b) in paragraph (b) delete “committee,” and insert: 9

committee — 11

(2) In section 67(2)(a) and (b) delete “a party” and insert: 13

the teacher 15

51. Section 68 replaced 17

Delete section 68 and insert: 18

68. Inquiry powers 20

(1) For the purposes of an inquiry, a disciplinary 21

committee may — 22

(a) by written direction given to a person, require 23

the person — 24

(i) to attend at a place and time specified in 25

the direction; or 26

(ii) to produce at a place and time specified 27

in the direction a document or other 28

thing that is in the person’s possession 29

or under the person’s control; 30

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and 1

(b) direct a person attending in response to a 2

direction under paragraph (a)(i) — 3

(i) to give any information the committee 4

requests in relation to any matter; or 5

(ii) to answer a question put to the person. 6

(2) A disciplinary committee may — 7

(a) inspect a document or other thing produced in 8

response to a direction under 9

subsection (1)(a)(ii) and retain it for any 10

reasonable period that the committee considers 11

appropriate; or 12

(b) make a copy of or take extracts from a 13

document or other thing produced, or any of its 14

contents, in response to a direction under 15

subsection (1)(a)(ii); or 16

to be given under subsection (1)(b) be given on 18

oath or affirmation or be verified by statutory 19

declaration. 20

(3) A disciplinary committee member may administer an 21

oath or affirmation for the purposes of this section. 22

(4) If a disciplinary committee gives a direction to a person 23

under subsection (1)(a), the direction must state that — 24

(a) under this Act, the person is required to comply 25

with the direction; and 26

(b) failure to do so may be an offence under 27

section 68A(1). 28

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(5) If a disciplinary committee gives a direction to a person 1

under subsection (1)(b), the committee must inform the 2

person that — 3

(a) under this Act, the person is required to comply 4

with the direction; and 5

(b) failure to do so may be an offence under 6

section 68A(1). 7

68A. Failure to comply with direction 8

(1) A person commits an offence if the person — 9

(a) fails to comply with a direction given to the 10

person under section 68(1); and 11

(b) was given a statement, or informed, when the 12

direction was given that a failure to comply 13

with the direction may constitute an offence 14

under this subsection. 15

Penalty for this subsection: a fine of $5 000. 16

(2) It is a defence to a charge of an offence under 17

subsection (1) for the person to prove that the person 18

had a reasonable excuse for failing to comply with the 19

direction. 20

(3) For the purposes of subsection (2), it is not a 21

reasonable excuse for a person to fail to comply with a 22

direction given to the person under section 68(1) on the 23

ground that to do so might incriminate the person or 24

render the person liable to a penalty. 25

(4) However, any information or answer given by an 26

individual, or the fact that a document or other thing 27

was produced by an individual, in compliance with a 28

direction given to the individual under 29

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section 68(1)(a)(ii) or (b) is not admissible in evidence 1

against the individual in any proceedings other than — 2

(a) a complaint, interim order, inquiry or 3

proceedings taken under this Part or a law of 4

another State or a Territory or New Zealand 5

that deals with the registration of teachers 6

(however described); or 7

(b) proceedings for an offence under section 127; 8

or 9

(5) This section is in addition to, and does not affect the 11

operation of, the Evidence Act 1906 section 11. 12

68B. Protection for compliance with direction 13

(1) A person must comply with a direction given to the 14

person under section 68(1) despite the provisions of 15

any other written law. 16

(2) However, other than for a complaint, interim order, 17

inquiry or proceedings referred to in section 68A(4)(a), 18

(b) or (c) — 19

(a) no civil or criminal liability is incurred as a 20

result of compliance with the direction; and 21

(b) compliance with the direction cannot be 22

regarded as — 23

(i) a breach of any duty of confidentiality 24

or secrecy imposed by law; or 25

(ii) a breach of professional ethics, 26

professional standards or any principles 27

of conduct applicable to the person’s 28

employment; or 29

(iii) unprofessional conduct (however 30

described). 31

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68C. Disruption of inquiry 1

(1) A person must not hinder or obstruct the conduct of an 2

inquiry. 3

Penalty for this subsection: a fine of $5 000. 4

(2) A person must not insult a disciplinary committee or a 5

member of the committee when it is conducting an 6

inquiry. 7

Penalty for this subsection: a fine of $5 000. 8

68D. Immunity for person performing inquiry functions 9

A person who performs a function in relation to an 10

inquiry, or is otherwise concerned in an inquiry, has the 11

same protection and immunity as a member or officer 12

of the Supreme Court, or a legal practitioner, witness or 13

party before the Supreme Court, as relevant, would 14

have in respect of a similar function or concern related 15

to the jurisdiction of the Supreme Court. 16

52. Section 69 amended 18

Delete section 69(2) and insert: 19

(2) The record of an inquiry may include an audio or 21

visual recording of the inquiry or part of the inquiry. 22

(3) The record of an inquiry must not contain identifying 23

information provided by the Commissioner of Police 24

under section 41A. 25

(4) A registered teacher or formerly registered teacher is 26

entitled, upon request, to a copy of the record of the 27

inquiry in relation to the teacher’s disciplinary matter. 28

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53. Section 70 amended 1

(1) Delete section 70(1) to (3) and insert: 2

(1) If, after the completion of an inquiry into a complaint 4

in relation to a registered teacher or formerly registered 5

teacher, a disciplinary committee finds that a 6

disciplinary matter occurred, the committee must deal 7

with the complaint in 1 or more of the following 8

ways — 9

(a) if the finding is in respect of a person who is a 10

registered teacher or is a formerly registered 11

teacher — 12

(i) uphold the complaint in whole or in 13

part; 14

(ii) make a request or recommendation 15

under section 55(1) in relation to any 16

part of the complaint not related to the 17

finding; 18

(iii) order that the person is cautioned or 19

reprimanded; 20

(iv) order that the person pay to the Board a 21

fine of a specified amount not exceeding 22

$5 000; 23

(v) recommend to the Board that the 24

complaint is referred in whole or in part 25

to the Tribunal under Division 8; 26

(b) if the finding is in respect of a person who is a 27

registered teacher — 28

(i) order that the registration of the person 29

be suspended for a period, not 30

exceeding 2 years, as is specified in the 31

order; 32

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(ii) order that 1 or more conditions be 1

imposed on the registration of the 2

person, or order that any existing 3

conditions be modified or cancelled; 4

(iii) without limiting any other paragraph, if 5

the committee finds that a teacher who 6

holds full registration has taught with 7

serious incompetence — order the 8

cancellation of that registration and the 9

substitution of provisional (returning 10

teacher) registration. 11

(2) A disciplinary committee may, in dealing with a 12

complaint under subsection (1), order, as the 13

disciplinary committee thinks fit, that the registered 14

teacher or formerly registered teacher who is the 15

subject of the complaint pay to the Board costs and 16

expenses of, arising from, or incidental to any of the 17

following — 18

(a) the Board’s investigation of the complaint; 19

(b) the inquiry. 20

(3) If a disciplinary committee does not make a finding 21

that a disciplinary matter occurred in relation to the 22

registered teacher or formerly registered teacher who is 23

the subject of a complaint after the completion of the 24

committee’s inquiry into the complaint, the committee 25

must — 26

(a) dismiss the complaint; or 27

(b) recommend that the Board refer the complaint 28

to the impairment review committee under 29

section 55(1)(c) unless the complaint was 30

previously referred from that committee to a 31

disciplinary committee. 32

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(2) After section 70(5) insert: 1

(6) The Board must give effect to, or enforce, an order 3

made by a disciplinary committee under this section to 4

the extent that it is an order that is capable of being 5

given effect to or enforced by the Board. 6

54. Part 5 Division 6 Subdivision 3 deleted 8

Delete Part 5 Division 6 Subdivision 3. 9

55. Part 5 Divisions 7 to 9 replaced 10

Delete Part 5 Divisions 7 to 9 and insert: 11

Division 7 — Role of impairment review committee 13

Subdivision 1 — Initial assessment of complaints and other 14

matters 15

71. Initial assessment 16

(1) The impairment review committee must make a 17

preliminary assessment of a complaint in relation to a 18

registered teacher referred to it by the Board and may 19

deal with the complaint in any of the following 20

ways — 21

(a) deal with the complaint under Subdivision 2; 22

(b) make a request or recommendation to the Board 23

under section 55(1) or (2); 24

matter the subject of the complaint is before 26

another person or body or is the subject of 27

proceedings — postpone consideration of the 28

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complaint pending the outcome of any 1

investigation, hearing or proceedings; 2

(d) without limiting any other paragraph, if an 3

agreement is made under section 81(1) — 4

recommend under section 81(1) that the Board 5

imposes or modifies a condition on the 6

teacher’s registration as the case requires. 7

(2) Notice of a decision under subsection (1)(c) must be 8

given in accordance with section 85. 9

72. Complaints must be dismissed when registration is 10

cancelled or ends 11

The impairment review committee must dismiss a 12

complaint in relation to a registered teacher if the 13

committee is dealing with the complaint under this Part 14

and the teacher’s registration is cancelled or otherwise 15

ends. 16

Subdivision 2 — Inquiries 17

73. Impairment review committee may conduct inquiry 18

into certain complaints 19

If a complaint appears to the impairment review 20

committee to be about an impairment matter in relation 21

to a registered teacher, the committee may conduct an 22

inquiry under this Subdivision into the complaint. 23

74. Registered teacher must be notified about inquiry 24

(1) The impairment review committee must give written 25

notice to a registered teacher of its intention to conduct 26

an inquiry under this Subdivision into a complaint in 27

relation to the teacher. 28

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(2) The notice must — 1

(a) advise the teacher of the nature of the 2

complaint; and 3

(b) contain a brief summary of the effect of this 4

Subdivision; and 5

that a health assessment of the teacher is 7

necessary — seek the teacher’s consent to 8

undergo a health assessment relating to the 9

impairment matter within a period specified in 10

the notice. 11

74A. Hearings 12

(1) The impairment review committee may hold hearings 13

for the purposes of an inquiry. 14

(2) Hearings must be held in private. 15

75. Impairment matter: procedure and evidence 16

In conducting an inquiry, the impairment review 17

committee — 18

(a) must act with as little formality and technicality 19

and as speedily as the requirements of this Act 20

and a proper hearing of the matter permit; and 21

(b) is not bound by the rules of evidence and may 22

inform itself on any matter as it thinks fit; and 23

(d) may, subject to this Act and the rules of 25

procedural fairness, determine its own 26

procedures; and 27

(e) may be assisted by a legal practitioner 28

appointed by the committee for that purpose. 29

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75A. Rights of teacher as to evidence and witnesses 1

(1) In conducting an inquiry into a complaint, the 2

impairment review committee must give the registered 3

teacher who is the subject of the complaint an 4

opportunity to — 5

(a) call and give evidence; and 6

(b) examine and cross-examine witnesses; and 7

(2) However, if the impairment review committee decides 9

to conduct the inquiry by considering evidence 10

contained only in documents or electronic form, 11

subsection (1) does not apply to the teacher if the 12

teacher is given the opportunity to make written 13

submissions in relation to — 14

(a) the complaint; and 15

(b) any health assessment conducted for the 16

purposes of an inquiry. 17

75B. Representation in relation to impairment matters 18

(1) For the purposes of an inquiry into a complaint, a 19

registered teacher who is the subject of the complaint 20

may — 21

(a) appear before the impairment review committee 22

in person; or 23

(b) with the leave of the impairment review 24

committee — be represented by another person. 25

(2) A person who is not a legal practitioner does not 26

breach the Legal Profession Uniform Law (WA) or any 27

other Act merely by — 28

(a) representing the teacher before the impairment 29

review committee; or 30

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(b) providing advice and other services for the 1

purpose of acting for the teacher in connection 2

with an inquiry. 3

(3) However, if the impairment review committee decides 4

to conduct the inquiry by considering evidence 5

contained only in documents or electronic form, 6

subsection (1)(a) does not apply to the teacher if the 7

teacher is given the opportunity to make written 8

submissions in relation to — 9

(a) the complaint; and 10

(b) any health assessment conducted for the 11

purposes of an inquiry. 12

75C. Immunity for person performing inquiry functions 13

A person who performs a function in relation to an 14

inquiry, or is otherwise concerned in an inquiry, has the 15

same protection and immunity as a member or officer 16

of the Supreme Court, or a legal practitioner, witness or 17

party before the Supreme Court, as relevant, would 18

have in respect of a similar function or concern related 19

to the jurisdiction of the Supreme Court. 20

76. Health assessments 21

(1) If a registered teacher consents to undergo a health 22

assessment within the period specified in the notice 23

under section 74(2)(c), the teacher and the impairment 24

review committee may agree upon a medical 25

practitioner or psychologist to conduct the assessment. 26

(2) If the impairment review committee and the teacher are 27

unable to agree upon the medical practitioner or 28

psychologist to conduct the health assessment, the 29

committee must appoint a medical practitioner or 30

psychologist to conduct the assessment. 31

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(3) The Board must pay for a health assessment conducted 1

under this section and a report provided under 2

section 77. 3

(4) If the teacher does not undergo a health assessment 4

within the period specified in the notice under 5

section 74(2)(c), the impairment review committee 6

must recommend to the Board that the complaint be 7

referred to the Tribunal under Division 8. 8

77. Report of health assessment must be given to 9

impairment review committee and teacher 10

(1) A medical practitioner or psychologist who conducts a 11

health assessment of a registered teacher under 12

section 76 must give a report of the health assessment 13

to the impairment review committee. 14

(2) Within 7 days after the day on which the impairment 15

review committee receives the report under 16

subsection (1) from a medical practitioner or 17

psychologist, the committee must give a copy of the 18

report to the teacher assessed by the practitioner or 19

psychologist. 20

(3) Despite subsection (2), if it appears to the impairment 21

review committee that the disclosure to the teacher 22

assessed of information in the report might be 23

prejudicial to the physical or mental health or 24

wellbeing of the teacher, the committee may decide not 25

to give that report to the teacher but to give it instead to 26

a medical practitioner, or another person, nominated by 27

the teacher. 28

(4) If the teacher assessed does not nominate a medical 29

practitioner or another person to the impairment review 30

committee within 14 days after being requested to do 31

so by the committee, the committee may give the 32

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report to a medical practitioner selected by the 1

committee. 2

77A. Powers when dealing with impairment matters 3

(1) For the purposes of an inquiry, the impairment review 4

committee may — 5

(a) by written direction given to a person, require 6

the person — 7

(i) to attend at a place and time specified in 8

the direction; or 9

(ii) to produce at a place and time specified 10

in the direction a document or other 11

thing that is in the person’s possession 12

or under the person’s control; 13

and 14

(b) direct a person attending in response to a 15

direction under paragraph (a)(i) — 16

(i) to give information as is requested in 17

relation to any matter; or 18

(ii) to answer a question put to the person. 19

(2) The impairment review committee may — 20

(a) inspect a document or other thing produced in 21

response to a direction under 22

subsection (1)(a)(ii) and retain it for any 23

reasonable period that the committee considers 24

appropriate; or 25

(b) make a copy of or take extracts from a 26

document or other thing produced, or any of its 27

contents, in response to a direction under 28

subsection (1)(a)(ii); or 29

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to be given under subsection (1)(b) be given on 2

oath or affirmation or be verified by statutory 3

declaration. 4

(3) A member of the impairment review committee may 5

administer an oath or affirmation for the purposes of 6

this section. 7

(4) If the impairment review committee gives a direction 8

to a person under subsection (1)(a), the direction must 9

state that — 10

(a) under this Act, the person is required to comply 11

with the direction; and 12

(b) failure to do so may be an offence under 13

section 77B(1). 14

(5) If the impairment review committee gives a direction 15

to a person under subsection (1)(b), the committee 16

must inform the person that — 17

(a) under this Act, the person is required to comply 18

with the direction; and 19

(b) failure to do so may be an offence under 20

section 77B(1). 21

77B. Failure to comply with direction 22

(1) A person commits an offence if the person — 23

(a) fails to comply with a direction given to the 24

person under section 77A(1); and 25

(b) was given a statement, or informed, when the 26

direction was given that a failure to comply 27

with the direction may constitute an offence 28

under this subsection. 29

Penalty for this subsection: a fine of $5 000. 30

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(2) It is a defence to a charge of an offence under 1

subsection (1) for the person to prove that the person 2

had a reasonable excuse for failing to comply with the 3

direction. 4

(3) For the purposes of subsection (2), it is not a 5

reasonable excuse for a person to fail to comply with a 6

direction given to the person under section 77A(1) on 7

the ground that to do so might incriminate the person 8

or render the person liable to a penalty. 9

(4) However, any information or answer given by an 10

individual, or the fact that a document or other thing 11

was produced by an individual, in compliance with a 12

direction given to the individual under 13

section 77A(1)(a)(ii) or (b) is not admissible in 14

evidence against the individual in any proceedings 15

other than — 16

(a) a complaint, interim order, inquiry or 17

proceedings taken under this Part or a law of 18

another State or a Territory or New Zealand 19

that deals with the registration of teachers 20

(however described); or 21

(b) proceedings for an offence under section 127; 22

or 23

(5) This section is in addition to, and does not affect the 25

operation of, the Evidence Act 1906 section 11. 26

77C. Protection for compliance with direction 27

(1) A person must comply with a direction given to the 28

person under section 77A(1) despite the provisions of 29

any other written law. 30

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(2) However, other than a complaint, interim order, inquiry 1

or proceedings referred to in section 77B(4)(a), (b) or 2

(a) no civil or criminal liability is incurred as a 4

result of compliance with the direction; and 5

(b) compliance with the direction cannot be 6

regarded as — 7

(i) a breach of any duty of confidentiality 8

or secrecy imposed by law; or 9

(ii) a breach of professional ethics, 10

professional standards or any principles 11

of conduct applicable to the person’s 12

employment; or 13

(iii) unprofessional conduct (however 14

described). 15

77D. Disruption of inquiry 16

(1) A person must not hinder or obstruct the conduct of an 17

inquiry. 18

Penalty for this subsection: a fine of $5 000. 19

(2) A person must not insult the impairment review 20

committee or a member of the committee when it is 21

conducting an inquiry. 22

Penalty for this subsection: a fine of $5 000. 23

77E. Immunity for person performing inquiry functions 24

A person who performs a function in relation to an 25

inquiry, or is otherwise concerned in an inquiry, has the 26

same protection and immunity as a member or officer 27

of the Supreme Court, or a witness or party before the 28

Supreme Court, would have in respect of a similar 29

function or concern related to the jurisdiction of the 30

Supreme Court. 31

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77F. Record of inquiry 1

(1) The impairment review committee must ensure that a 2

record is kept of an inquiry conducted by the 3

committee. 4

(2) The record of an inquiry may include an audio or 5

visual recording of the inquiry or part of the inquiry. 6

(3) A registered teacher or formerly registered teacher is 7

entitled, upon request, to a copy of the record of the 8

inquiry in relation to the teacher’s impairment matter. 9

78. Decision of impairment review committee after 10

inquiry 11

(1) On completion of its inquiry into a complaint, the 12

impairment review committee must deal with the 13

complaint in 1 or more of the following ways if the 14

committee finds an impairment matter exists in relation 15

to the registered teacher who is the subject of the 16

complaint — 17

(a) uphold the complaint in whole or in part; 18

(b) make a request or recommendation under 19

section 55(1) in relation to any part of the 20

complaint not related to the finding; 21

referred in whole or in part to the Tribunal 23

under Division 8; 24

(d) request that the teacher consents — 25

(i) to the imposition of 1 or more 26

conditions on their registration; or 27

(ii) to having their registration suspended 28

for a period, not exceeding 2 years, 29

specified by the impairment review 30

committee; or 31

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(iii) to undergo the counselling specified by 1

the impairment review committee. 2

(2) If the impairment review committee does not make a 3

finding that an impairment matter exists in relation to 4

the registered teacher who is the subject of the 5

complaint after the completion of the committee’s 6

inquiry into the complaint, the committee must — 7

(a) dismiss the complaint; or 8

(b) recommend that the Board refer the complaint 9

to a disciplinary committee under 10

section 55(1)(c) unless the complaint was 11

previously referred from that committee to the 12

impairment review committee. 13

(3) Notice of a decision under this section must be given in 14

accordance with section 85. 15

79. Recommendation 16

(1) The impairment review committee must recommend to 17

the Board that a complaint in relation to a registered 18

teacher be referred to the Tribunal if the teacher — 19

(a) does not consent to a request made under 20

section 78(1)(d) within 30 days after the request 21

is made; or 22

(b) before the Board takes action under 23

section 80(1), withdraws consent in writing to a 24

request made under section 78(1)(d). 25

(2) If a registered teacher consents to a request made under 26

section 78(1)(d) within 30 days after the request is 27

made, the impairment review committee must 28

recommend that the Board take any action to which the 29

teacher has consented. 30

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(3) A recommendation made under subsection (1) or (2) 1

must be made in writing and contain details of the 2

impairment review committee’s consideration of the 3

complaint to which it relates. 4

80. Decision of Board after consideration of 5

recommendation of impairment review committee 6

(1) The Board must consider a recommendation under 7

section 78(1)(c) or 79 of the impairment review 8

committee about a complaint relating to a registered 9

teacher and may do any of the following — 10

(a) decide not to take any action; 11

(b) take any action to which the teacher has 12

consented under section 78(1)(d); 13

disciplinary committee or the Tribunal. 15

(2) For the purpose of taking action to which the teacher 16

has consented the Board may — 17

(a) order that 1 or more conditions be imposed on 18

the registration of the teacher, or order that an 19

existing condition be modified; or 20

(b) order that the registration of the teacher is 21

suspended for the period specified in the order; 22

or 23

undergo the counselling specified by the 25

impairment review committee. 26

(3) Consent given by the teacher cannot be withdrawn 27

unless the Board receives the withdrawal in writing 28

from the teacher before the Board takes action under 29

subsection (1)(b) and (2). 30

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(4) Nothing in this section limits the powers of the Board 1

in relation to imposing or modifying conditions on 2

registration. 3

(5) Notice of a decision or an order made under this 4

section must be given in accordance with section 85. 5

Subdivision 3 — Imposing or modifying conditions in 6

relation to complaints about impairment matters 7

81. Imposing or modifying conditions 8

(1) A registered teacher who is the subject of a complaint 9

referred to the impairment review committee may 10

agree with the committee for the committee to 11

recommend any of the following to the Board — 12

(a) to impose a condition on the teacher’s 13

registration; 14

(b) to modify an existing condition on the teacher’s 15

registration. 16

(2) If a recommendation is made under subsection (1) to 17

impose or modify a condition on a teacher’s 18

registration, the Board may impose that condition, or 19

may modify the existing condition, on the registration 20

of the teacher. 21

(3) An agreement made by the teacher under 22

subsection (1) cannot be withdrawn unless the Board 23

receives the withdrawal in writing from the teacher 24

before the Board imposes or modifies a condition 25

under subsection (2). 26

(4) If a condition is imposed or modified by the Board 27

under subsection (2) on the registration of a teacher 28

who is the subject of a complaint, the Board must 29

dismiss the complaint. 30

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(5) Nothing in this section limits the powers of the Board 1

in relation to imposing or modifying conditions on 2

registration. 3

(6) Notice of a decision under subsection (2) must be given 4

in accordance with section 85. 5

82. Cancellation of condition 6

(1) The Board may cancel a condition imposed or 7

modified under section 81 if a registered teacher 8

satisfies the impairment review committee that their 9

ability to practise as a teacher is no longer affected 10

because of the impairment matter that gave rise to the 11

imposition or modification of the condition. 12

(2) Notice of a decision under subsection (1) must be given 13

in accordance with section 85. 14

Division 8 — Tribunal 15

Subdivision 1 — Referrals to Tribunal 16

83. Complaints and matters referred to Tribunal 17

(1) Unless otherwise required under this Act, the Board 18

may refer a complaint to the Tribunal on its own 19

initiative or on the recommendation of a disciplinary 20

committee or the impairment review committee. 21

(2) If a referral is made to the Tribunal about a matter for 22

which an interim order is in force, the order remains in 23

force until it is varied or revoked by the Tribunal or the 24

complaint relating to the matter is finally dealt with by 25

the Tribunal. 26

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Subdivision 2 — Tribunal 1

84. Jurisdiction of Tribunal 2

(1) If, in a proceeding commenced by a referral under this 3

Act, the Tribunal finds that a disciplinary matter 4

occurred in relation to a complaint about a registered 5

teacher or a formerly registered teacher the Tribunal 6

may do 1 or more of the following — 7

(a) if the finding is in respect of a person who is a 8

registered teacher or formerly registered 9

teacher — 10

(i) uphold the complaint in whole or in 11

part; 12

(ii) dismiss any part of the complaint not 13

related to the finding; 14

(iii) order that the person is cautioned or 15

reprimanded; 16

(iv) order that the person pay to the Board a 17

fine of a specified amount not exceeding 18

$5 000; 19

(b) if the finding is in respect of a person who is a 20

formerly registered teacher — order that the 21

person is disqualified from having registration 22

granted under Part 3 for a period specified in 23

the order or for an indefinite period; 24

registered teacher — 26

(i) order that the registration of the person 27

is suspended for a period, not exceeding 28

2 years, specified in the order; 29

(ii) order that 1 or more conditions are 30

imposed on the registration of the 31

person, or order that any existing 32

conditions are modified or cancelled; 33

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(iii) without limiting any other paragraph, if 1

the Tribunal finds that a person who 2

holds full registration has taught with 3

serious incompetence — order the 4

cancellation of the person’s full 5

registration and the substitution of 6

provisional (returning teacher) 7

registration; 8

(iv) order that the person’s registration is 9

cancelled; 10

(v) if an order is made under 11

subparagraph (iv) in relation to a 12

person — order that the person is 13

disqualified from having registration 14

granted under Part 3 for a period 15

specified in the order or for an indefinite 16

period. 17

(2) If, in a proceeding commenced by a referral under this 18

Act, the Tribunal does not make a finding that a 19

disciplinary matter occurred in relation to a complaint 20

about a registered teacher or formerly registered 21

teacher, the Tribunal must dismiss any part of the 22

complaint that relates to the disciplinary matter that 23

was alleged. 24

(3) If, in a proceeding commenced by a referral under this 25

Act, the Tribunal finds that an impairment matter exists 26

in relation to a complaint about a person who is a 27

registered teacher the Tribunal may do 1 or more of the 28

following — 29

(a) uphold the complaint in whole or in part; 30

(b) dismiss any part of the complaint not related to 31

the finding; 32

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for a period, not exceeding 2 years, specified in 2

the order; 3

(d) order that 1 or more conditions are imposed on 4

the person’s registration, or order that any 5

existing conditions are modified or cancelled; 6

(e) order that the person undergoes counselling or 7

medical treatment or acts in accordance with 8

medical advice given to the person; 9

(f) order that the person’s registration is cancelled; 10

(g) if an order is made under paragraph (f) in 11

relation to a person — order that the person is 12

disqualified from having registration granted 13

under Part 3 for a period specified in the order. 14

(4) The Tribunal cannot make an order under 15

subsection (3)(f) unless satisfied that the person is 16

unable to carry out the inherent requirements of the 17

work of a registered teacher because of an impairment. 18

(5) If, in a proceeding commenced by a referral under this 19

Act, the Tribunal does not make a finding that an 20

impairment matter exists in relation to a complaint 21

about a registered teacher, the Tribunal must dismiss 22

any part of the complaint that relates to the impairment 23

matter that was alleged. 24

(6) In a proceeding commenced by a referral under this 25

Act in relation to a complaint about a registered 26

teacher’s impairment matter, the Tribunal must dismiss 27

any part of the complaint that relates to the impairment 28

matter if the teacher’s registration — 29

(a) is cancelled (other than under 30

subsection (3)(f)); or 31

(b) otherwise ends. 32

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(7) If a referral to the Tribunal is made in relation to a 1

complaint for which an interim order is in force, the 2

Tribunal may affirm, revoke or vary the order pending 3

final determination of the referral. 4

(8) Nothing in subsection (7) limits or restricts the 5

functions of the Tribunal in respect of a complaint 6

under this Act about a matter in respect of which an 7

interim order is in force. 8

(9) The Board must give effect to, or enforce, an order 9

made by the Tribunal under this Division to the extent 10

that it is an order that is capable of being given effect 11

to, or enforced, by the Board. 12

(10) Subsection (9) does not limit any right of review or 13

appeal that the Board has in relation to an order made 14

by the Tribunal under this Division. 15

84A. Health assessments ordered by Tribunal 16

(1) In a proceeding on a complaint referred to the Tribunal 17

about an impairment matter, the Tribunal may make an 18

interlocutory order requiring 1 or more of the 19

following — 20

(a) that the registered teacher who is the subject of 21

the complaint undergoes a health assessment; 22

(b) that the Board appoints a medical practitioner 23

or psychologist to conduct the health 24

assessment; 25

gives a written report about the health 27

assessment to the Tribunal; 28

(d) that the Board pays the costs and expenses 29

arising from, or incidental to, the health 30

assessment and the provision of the report. 31

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s. 55

page 92

(2) The Tribunal may affirm, revoke or vary an 1

interlocutory order pending final determination of the 2

referral. 3

(3) Nothing in subsection (2) limits or restricts the 4

functions of the Tribunal in respect of a complaint 5

under this Act about a matter in respect of which an 6

interlocutory order is in force. 7

84B. Interlocutory orders to suspend registered teachers 8

(1) In a proceeding on a complaint referred to the Tribunal, 9

the Tribunal may make an interlocutory order 10

suspending the registration of the registered teacher 11

who is the subject of the complaint if the Tribunal 12

believes on reasonable grounds that — 13

(a) the teacher may pose a risk of harm to a 14

student; and 15

(b) the suspension is necessary to protect a student. 16

(2) In a proceeding on a complaint referred to the Tribunal, 17

the Tribunal may make an interlocutory order 18

suspending the registration of the registered teacher 19

who is the subject of the complaint if the Tribunal 20

believes on reasonable grounds that a health 21

assessment of the teacher ordered under section 84A is 22

not completed as ordered. 23

(3) In a proceeding on a complaint referred to the Tribunal, 24

the Tribunal may make an interlocutory order 25

suspending the registration of the registered teacher 26

who is the subject of the complaint if the teacher has 27

been charged with an actionable offence. 28

(4) An interlocutory order may be made under 29

subsection (1), (2) or (3) whether or not the teacher is 30

currently appointed, employed or engaged, or given 31

permission to teach, at an educational institution. 32

Teacher Registration Amendment Bill 2022

s. 55

page 93

(5) The Tribunal may affirm, revoke or vary an 1

interlocutory order pending final determination of the 2

referral. 3

(6) Nothing in subsection (5) limits or restricts the 4

functions of the Tribunal in respect of a complaint 5

under this Act about a matter in respect of which an 6

interlocutory order is in force. 7

Division 9 — Notice of orders and decisions made under 8

this Part 9

85. Notice of orders and decisions made under this Part 10

(1) In this section — 11

Part 5 order or decision means — 12

(a) an interim order; or 13

(b) an order or a decision under any of the 14

following provisions — 15

(i) section 53(1); 16

(ii) section 55(3)(b) or (c); 17

(iii) section 57(1); 18

(iv) section 62(1)(a) or (c); 19

(v) section 70(1), (2) or (3); 20

(vi) section 71(1)(c); 21

(vii) section 78(1) or (2); 22

(viii) section 80(1) or (2); 23

(ix) section 81(2); 24

(x) section 82(1). 25

(2) Within 14 days after making a Part 5 order or decision 26

(other than an interim order) in relation to a complaint 27

about a registered teacher or formerly registered 28

teacher, the Board, a disciplinary committee or the 29

Teacher Registration Amendment Bill 2022

s. 55

page 94

impairment review committee, as is relevant, must give 1

written notice of the order or decision to — 2

(a) if the teacher has been notified of the 3

complaint — the teacher; and 4

(b) if the complaint is a public complaint — the 5

complainant. 6

(3) Within 14 days after making an interim order, the 7

Board must give written notice about the order to the 8

person who is bound by the order. 9

(4) A notice must contain short particulars of the reasons 10

for the order or decision. 11

(5) Notice given to a person about an interim order must 12

contain a statement that the Board must refer the matter 13

in respect of which the order is made to the Tribunal 14

under section 61. 15

(6) Notice given to a teacher about an order or a decision 16

made under the following provisions must contain a 17

statement that the teacher may have a right to a review 18

under section 124 — 19

(a) section 70(1)(a)(i), (iii) or (iv); 20

(b) section 70(1)(b); 21

(d) section 78(1)(a); 23

(e) section 80(1)(b) or (2); 24

(f) section 82(1). 25

(7) Notice given to a person about a Part 5 order or 26

decision must not contain identifying information 27

provided by the Commissioner of Police under 28

section 41A. 29

Teacher Registration Amendment Bill 2022

s. 56

page 95

56. Section 87 amended 1

(1) In section 87(1) delete “7 members” and insert: 2

9 members 4

(2) In section 87(4) delete “such experience, skills or qualifications 6

as” and insert: 7

the experience, skills or qualifications that 9

(3) In section 87(5): 11

(a) delete “is to designate one” and insert: 12

must designate 1 14

(b) delete “and one” and insert: 16

and another 18

57. Section 88 amended 20

(1) At the beginning of section 88 insert: 21

(1) In this section — 23

account means the Teacher Registration Board 24

Account referred to in section 115; 25

meeting means a meeting of the Board or a committee; 26

relief teacher, in relation to a member of the Board or 27

a committee who is a registered teacher, means another 28

Teacher Registration Amendment Bill 2022

s. 58

page 96

registered teacher who teaches in the place of that 1

member. 2

(2) In section 88 delete “A member” and insert: 4

(2) A member 6

(3) At the end of section 88 insert: 8

(3) However, if moneys standing to the credit of the 10

account are applied to meet the reasonable cost of 11

providing a relief teacher while a member of the Board 12

or a committee is attending a meeting during school 13

hours, then that member is not entitled to any 14

remuneration under subsection (2) in respect of 15

attendance at that meeting. 16

58. Section 89 amended 18

Delete section 89(b) to (d) and insert: 19

regulatory authorities (however described) of 22

other States or Territories or New Zealand to 23

participate in, and contribute to, activities 24

relating to teaching, teachers and accreditation 25

schemes; 26

(d) to establish, implement and administer for 27

Western Australia an accreditation scheme for 28

initial teacher education programs; 29

Teacher Registration Amendment Bill 2022

s. 59

page 97

59. Section 91 amended 1

(1) In section 91(1) delete “Act —” and insert: 2

Act (other than section 48C) — 4

(2) After section 91(1) insert: 6

(1A) The Board may delegate any power or duty of the 8

Board under section 48C, with the consent of the CEO, 9

to an officer or employee employed in the Department. 10

60. Section 92 replaced 12

Delete section 92 and insert: 13

92. Staff and services 15

The CEO must ensure that the Board is provided with 16

any of the following as are reasonably necessary to 17

enable it to perform its functions — 18

(a) staff, services and facilities; 19

(b) other resources and support. 20

61. Section 93 amended 22

(1) In section 93(1) delete “such direction.” and insert: 23

direction given. 25

Teacher Registration Amendment Bill 2022

s. 62

page 98

(2) In section 93(2)(b) delete “application, complaint or 1

proceeding.” and insert: 2

application, investigation, complaint, interim order, inquiry or 4

proceeding. 5

(3) In section 93(3)(a) delete “days after the direction is given or 7

dealt with in accordance with section 125; and” and insert: 8

sitting days after the direction is given; and 10

62. Section 94 amended 12

(1) In section 94(4) delete “his or her” and insert: 13

the CEO’s 15

(2) In section 94(5): 17

(a) delete paragraph (b) and insert: 18

(b) might enable the identity of a person involved 20

in a particular application, complaint, 21

investigation, inquiry or other proceeding to be 22

ascertained. 23

(b) delete “unless that person has consented to the 25

disclosure.”. 26

Teacher Registration Amendment Bill 2022

s. 63

page 99

(3) After section 94(5) insert: 1

(6) Subsection (5) does not apply if the person referred to 3

in subsection (5)(a) or (b) has consented to the 4

disclosure. 5

63. Part 6 Division 5 heading amended 7

In the heading to Part 6 Division 5 delete “the”. 8

64. Section 96 amended 9

In section 96(2)(c) after “convicted” insert: 10

or found guilty 12

65. Section 98 amended 14

In section 98(2) delete “his or her” and insert: 15

the deputy chairperson’s 17

66. Section 102 amended 19

In section 102 delete “is to” and insert: 20

may 22

Teacher Registration Amendment Bill 2022

s. 67

page 100

67. Section 108 amended 1

In section 108(1) and (2) in the Penalty delete “Penalty:” and 2

insert: 3

Penalty for this subsection: 5

68. Section 112 amended 7

Delete section 112(2) and insert: 8

(2) The Minister must cause a copy of the declaration to be 10

laid before each House of Parliament within 14 sitting 11

days of the relevant House after the declaration is 12

made. 13

69. Section 113 amended 15

Delete section 113(2) and insert: 16

(2) The Board may authorise any of the following to sign 18

documents on behalf of the Board, either generally or 19

subject to the conditions that are specified in the 20

authorisation — 21

(a) 1 or more members of the Board; 22

(b) with the consent of the CEO — any officer or 23

employee employed in the Department. 24

Note: The heading to amended section 113 is to read: 26

Execution of documents by Board 27

Teacher Registration Amendment Bill 2022

s. 70

page 101

70. Section 115 amended 1

(1) In section 115(3)(b) delete “Teacher Registration Board” and 2

insert: 3

Board 5

(2) In section 115(4): 7

(a) delete “Moneys held in the” and insert: 8

Moneys standing to the credit of the 10

(b) delete paragraph (a) and insert: 12

(a) in payment of any of the following — 14

(i) the remuneration and allowances 15

payable to the members of the Board or 16

of a committee under this Act; 17

(ii) remuneration and allowances for relief 18

teachers referred to in section 88 to 19

enable a member of the Board or of a 20

committee to attend meetings of the 21

Board or of the committee; 22

and insert: 25

Board 27

Teacher Registration Amendment Bill 2022

s. 71

page 102

71. Section 116 amended 1

In section 116 in the definition of publish: 2

(a) delete “includes —” and insert: 3

includes the following — 5

(b) in paragraph (h) delete “make verbally” and insert: 7

state orally 9

72. Section 117 amended 11

In section 117(2) in the Penalty delete “Penalty:” and insert: 12

Penalty for this subsection: 14

73. Section 118 amended 16

(1) Delete section 118(1)(a) and (b) and insert: 17

(a) matters in relation to the registration of 19

teachers; 20

(b) matters in relation to registered teachers or 21

formerly registered teachers; 22

affect the interests of persons at educational 24

institutions who are or were taught by 25

registered teachers or formerly registered 26

teachers. 27

Teacher Registration Amendment Bill 2022

s. 74

page 103

(2) In section 118(2): 1

(a) in paragraph (a)(ii) delete “State Administrative”; 2

(b) after paragraph (a)(ii) insert: 3

(iii) information referred to in Part 4; 5

(iv) matters under Part 5, including any 6

complaints or investigations; 7

and 11

(3) After section 118(3) insert: 13

(3A) This section is subject to the Evidence Act 1906 15

section 36C and the Children’s Court of Western 16

Australia Act 1988 section 35. 17

74. Section 118A inserted 19

At the end of Part 7 Division 1 insert: 20

118A. Provision of information to Australian Teacher 22

Workforce Data Initiative 23

(1) In this section — 24

Australian Teacher Workforce Data Initiative means 25

the initiative implemented by the Australian Institute 26

for Teaching and School Leadership Limited 27

(ACN 117 362 740) and partners for the collection, 28

analysis and reporting of data in relation to the teaching 29

workforce in Australia. 30

Teacher Registration Amendment Bill 2022

s. 75

page 104

(2) The Board may, with the approval of the Minister, 1

provide any information held by the Board in relation 2

to the teaching workforce to the Australian Teacher 3

Workforce Data Initiative. 4

75. Part 7 Division 1A inserted 6

Before Part 7 Division 2 insert: 7

Division 1A — Accreditation standards 9

118B. Accreditation standards 10

(1) The Minister may approve standards developed by the 11

Board to detail the structure, content, duration, 12

admission criteria, graduation criteria and outcomes of 13

programs that are suitable for accreditation and related 14

matters. 15

(2) The standards may adopt the text of any code, rules, 16

specifications, standard or other document issued, 17

published or approved by another person or body. 18

(3) The text referred to in subsection (2) may be 19

adopted — 20

(a) wholly or in part or as modified by the 21

standards; and 22

(b) as it exists at a particular date or as amended 23

from time to time. 24

(4) The Board must make the standards available for 25

inspection on a website maintained by the Board. 26

(5) The standards commence at the beginning of the day 27

after the day on which they are made available for 28

inspection under subsection (4) or a later day provided 29

for in the standards. 30

Teacher Registration Amendment Bill 2022

s. 76

page 105

(6) The standards are not subsidiary legislation for the 1

purposes of the Interpretation Act 1984. 2

(7) The Interpretation Act 1984 sections 43 (other than 3

subsection (6)) and 44 and Part VIII apply to the 4

standards as if they were subsidiary legislation. 5

76. Section 119 amended 7

After section 119(3) insert: 8

(4) A prosecution of a person for an offence under this Act 10

must be commenced within 6 years after the day on 11

which the offence is alleged to have been committed. 12

77. Section 121 amended 14

Delete section 121(2) and insert: 15

(2) In proceedings for an offence against this Act any of 17

the following allegations specified in a prosecution 18

notice are taken to be proved in the absence of 19

evidence to the contrary — 20

(a) a specified person was a member or an alternate 21

member of the Board at a specified time; 22

(b) a specified person was the chairperson or 23

deputy chairperson of the Board at a specified 24

time; 25

committee at a specified time. 27

Teacher Registration Amendment Bill 2022

s. 78

page 106

78. Section 122 amended 1

In section 122(2): 2

(a) delete “or all”; 3

(b) delete paragraph (e) and insert: 4

(e) that a person is or was disqualified by an order 6

under Part 5; 7

79. Section 123 replaced 9

Delete section 123 and insert: 10

123. Recovery of amounts due 12

The amount of any of the following is recoverable by 13

the Board in any court of competent jurisdiction as a 14

debt due to the State — 15

(a) fees; 16

(b) a penalty, costs or expenses ordered to be paid 17

under Part 5. 18

80. Part 7 Division 3 replaced 20

Delete Part 7 Division 3 and insert: 21

Division 3 — Review by Tribunal 23

124. Review by Tribunal of certain decisions 24

(1) A person who is aggrieved by a reviewable decision 25

may apply to the Tribunal for a review of the decision 26

if the person is any of the following — 27

Teacher Registration Amendment Bill 2022

s. 80

page 107

(a) a registered teacher or formerly registered 1

teacher; 2

(b) an applicant for a grant of registration under 3

Part 3; 4

Part 3; 6

(d) an applicant for a change of category of 7

registration under Part 3; 8

(e) an employer of a person who holds, or held, 9

limited registration. 10

(2) In subsection (1) — 11

reviewable decision means a decision of — 12

(a) the Board to refuse an application by the person 13

under Part 3 for the grant of registration; or 14

(b) the Board to refuse an application by the person 15

under Part 3 for the renewal of registration; or 16

under Part 3 for a change of category of 18

registration; or 19

(d) the Board to impose a condition on the person’s 20

registration under section 26 when granting or 21

renewing that registration or changing the 22

category of registration; or 23

(e) the Board to impose, modify or cancel a 24

condition under section 26 during the currency 25

of the person’s registration; or 26

(f) the Board to cancel the person’s registration 27

under section 27; or 28

(g) a disciplinary committee to deal with a 29

complaint about the person under 30

section 70(1)(a)(i), (iii) or (iv) or (b) or (2); or 31

Teacher Registration Amendment Bill 2022

s. 81

page 108

(h) the impairment review committee to deal with a 1

complaint against the person under 2

section 78(1)(a); or 3

(i) the Board to make an order or obtain an 4

undertaking against the person under 5

section 80(1)(b) or (2); or 6

(j) the Board to refuse to cancel under 7

section 82(1) a condition on the person’s 8

registration. 9

81. Section 125 replaced 11

Delete section 125 and insert: 12

125. Relationship with Equal Opportunity Act 1984 14

If a provision of this Act is inconsistent with a 15

provision of the Equal Opportunity Act 1984, the 16

provision of this Act prevails to the extent of the 17

inconsistency. 18

82. Section 127 replaced 20

Delete section 127 and insert: 21

127. False or misleading information 23

(1) A person must not take any of the actions or make any 24

of the omissions set out in subsection (2) — 25

(a) in, or in connection with, a registration 26

application under this Act; or 27

Teacher Registration Amendment Bill 2022

s. 83

page 109

(b) in compliance or purported compliance with a 1

requirement made by or under this Act to 2

provide information; or 3

Penalty for this subsection: 5

(a) for a first offence, a fine of $5 000; 6

(b) for a second or subsequent offence, a fine of 7

$10 000. 8

(2) The actions or omissions to which subsection (1) apply 9

are any of the following — 10

(a) making a statement which the person knows is 11

false or misleading in a material particular; 12

(b) making a statement which is false or misleading 13

in a material particular, with reckless disregard 14

as to whether or not the statement is false or 15

misleading in a material particular; 16

information that the person knows is false or 18

misleading in a material particular; 19

(d) providing, or causing to be provided, 20

information that is false or misleading in a 21

material particular, with reckless disregard as to 22

whether the information is false or misleading 23

in a material particular; 24

(e) failing to disclose, or causing a failure to 25

disclose, all information that the person knows 26

is materially relevant. 27

83. Section 128 amended 29

In section 128(2): 30

(a) delete “all or”; 31

Teacher Registration Amendment Bill 2022

s. 83

page 110

(b) delete paragraphs (d) to (f) and insert: 1

(d) regulating applications and registration, 3

including — 4

(i) conditions on registration; and 5

(ii) the provision of information about 6

eligibility for registration; and 7

(iii) requiring matters to be in accordance 8

with the professional learning activities 9

policy or the professional standards; 10

(e) implementing and administering an 11

accreditation scheme for initial teacher 12

education programs, including — 13

(i) the grant and cancellation of 14

accreditation, including conditions on 15

accreditation and the duration of 16

accreditation; and 17

(ii) requiring matters to be in accordance 18

with the accreditation standards; and 19

(iii) eligibility criteria for accreditation; and 20

(iv) the fees to be paid for accreditation, and 21

in relation to the accreditation scheme, 22

and the person liable for the payment of 23

any fee; and 24

(v) providing for accreditation panels, 25

including the functions and powers of 26

accreditation panels; and 27

(vi) the role of the Board and other bodies, 28

including any accreditation panel or 29

panels, in the accreditation scheme; and 30

(vii) the review of accreditation decisions; 31

and 32

Teacher Registration Amendment Bill 2022

s. 84

page 111

(viii) anything supplementary or additional 1

for the implementation or administration 2

of the accreditation scheme; 3

(f) regarding information in relation to any of the 4

following to be supplied to the Board, at the 5

request of the Board, by an employer at an 6

educational institution — 7

(i) any person who is teaching at an 8

educational institution; 9

(ii) teaching at educational institutions; 10

(fa) the keeping of records by the Board; 11

84. Section 130 replaced 13

Delete section 130 and insert: 14

130. Review of Act in relation to Teacher Registration 16

Amendment Act 2022 17

(1) The Minister must review the operation and 18

effectiveness of this Act, and prepare a report based 19

on the review, as soon as practicable after the 20

4th anniversary of the day on which the Teacher 21

Registration Amendment Act 2022 section 84 comes 22

into operation. 23

(2) The review must address the following — 24

(a) the effectiveness of the scheme for the 25

registration of teachers, including the categories 26

of registration; 27

(b) the effectiveness of Part 5, including in relation 28

to complaints and disciplinary processes; 29

Teacher Registration Amendment Bill 2022

s. 85

page 112

be relevant to the operation and effectiveness of 2

this Act. 3

(3) The Minister must cause the report to be laid before 4

each House of Parliament as soon as practicable after it 5

is prepared, but not later than 12 months after the 6

4th anniversary. 7

85. Part 8 Division 4 inserted 9

At the end of Part 8 insert: 10

Division 4 — Application of Act to individual who was 12

WACOT teacher 13

149A. Terms used 14

In this Division — 15

WACOT Act, in relation to an individual who was a 16

WACOT teacher, means the Western Australian 17

College of Teaching Act 2004 as in force at the relevant 18

time the individual was a WACOT teacher; 19

WACOT teacher means an individual who — 20

(a) was registered as a teacher under the WACOT 21

Act section 34; or 22

(b) was provisionally registered as a teacher under 23

the WACOT Act section 32; or 24

WACOT Act section 36. 26

Teacher Registration Amendment Bill 2022

s. 85

page 113

149B. Application of Act to individual who was WACOT 1

teacher 2

(1) This Act is taken to apply to an individual who was a 3

WACOT teacher. 4

(2) For the purposes of the application in subsection (1), if 5

the individual is a registered teacher — 6

(a) the definition of teach in section 3 is taken to 7

include teaching as defined in the WACOT Act 8

section 3(1); and 9

(b) in a provision listed in column 1 of the Table, 10

each reference in column 2 of the Table is taken 11

to include a reference specified opposite it in 12

column 3 of the Table. 13

Table 14

Column 1

Provision

Column 2

Reference

Column 3

Included

reference

section 47 a registered

teacher

an individual who

was a WACOT

teacher

section 47(a) contravened this

Act

contravened the

WACOT Act

section 47(b) a condition

imposed on their

registration

any terms and

conditions

imposed on their

registration,

provisional

registration or

authority to teach

under the WACOT

Act

Teacher Registration Amendment Bill 2022

s. 85

page 114

Column 1

Provision

Column 2

Reference

Column 3

Included

reference

section 47(e)

and (h)

an educational

institution

a school

section 47(h) registration registration,

provisional

registration or

authority to teach

under the WACOT

Act

section 48A a registered

teacher

an individual who

was a WACOT

teacher

section 48A(2)(b) student person taught at a

school

sections 48B,

51(1)(a),

51A(1)(a) and 52

Part 5 Divisions 5

and 6

section 84

(other than

subsections (3) to

(6))

section 84B

(other than

subsection (2))

section 85

a registered

teacher

an individual who

was a WACOT

teacher

Teacher Registration Amendment Bill 2022

s. 85

page 115

Column 1

Provision

Column 2

Reference

Column 3

Included

reference

section 118(1)(b)

and (c)

registered teachers individuals who

were WACOT

teachers

section 118(1)(c) educational

institutions

schools

sections 124(1)(a)

and 149T

a registered

teacher

an individual who

was a WACOT

teacher

(3) For the purposes of the application in subsection (1), if 1

the individual was a registered teacher but is not 2

currently a registered teacher or has not been a 3

registered teacher — 4

(a) the definition of formerly registered teacher in 5

section 3 is taken to include an individual who 6

was a WACOT teacher; and 7

(b) the definition of teach in section 3 is taken to 8

include teaching as defined in the WACOT Act 9

section 3(1); and 10

each reference in column 2 of the Table is taken 12

to include a reference specified opposite it in 13

column 3 of the Table. 14

Table 15

Column 1

Provision

Column 2

Reference

Column 3

Included

reference

section 47(a) contravened this

Act

contravened the

WACOT Act

Teacher Registration Amendment Bill 2022

s. 85

page 116

Column 1

Provision

Column 2

Reference

Column 3

Included

reference

section 47(b) a condition

imposed on their

registration

any terms and

conditions

imposed on their

registration,

provisional

registration or

authority to teach

under the WACOT

Act

section 47(e)

and (h)

an educational

institution

a school

section 47(h) registration registration,

provisional

registration or

authority to teach

under the WACOT

Act

section 48A a registered

teacher

an individual who

was a WACOT

teacher

section 48A(2)(b) student person taught at a

school

section 48B a registered

teacher

an individual who

was a WACOT

teacher

Teacher Registration Amendment Bill 2022

s. 86

page 117

Column 1

Provision

Column 2

Reference

Column 3

Included

reference

sections 51(1)(b)

and 51A(1)(b)

registration registration,

provisional

registration or

authority to teach

under the WACOT

Act

section 118(1)(b)

and (c)

formerly registered

teachers

individuals who

were WACOT

teachers

section 118(1)(c) educational

institutions

schools

86. Part 8A inserted 2

Before Part 9 insert: 3

Part 8A — Transitional provisions for Teacher 5

Registration Amendment Act 2022 6

Division 1 — Preliminary 7

149C. Terms used 8

In this Part — 9

amended Act means this Act as in force on and after 10

commencement day; 11

commencement day means the day on which the 12

Teacher Registration Amendment Act 2022 section 3 13

comes into operation; 14

Teacher Registration Amendment Bill 2022

s. 86

page 118

finally dealt with, in relation to a matter, means the 1

matter has been finally dealt with by the 2

decision-maker at first instance whether or not the 3

matter has been subject to a review or appeal. 4

149D. Application of Interpretation Act 1984 not affected 5

Except as provided in this Part and in any transitional 6

regulations made under this Part, this Part and any 7

transitional regulations made under this Part do not 8

affect the application of the Interpretation Act 1984 in 9

relation to the amendments effected by the Teacher 10

Registration Amendment Act 2022. 11

Division 2 — Applications undecided before 12

commencement day 13

149E. Applications for full registration 14

(1) In this section — 15

non-practising applicant means an applicant who held 16

non-practising registration immediately before 17

commencement day whether or not the applicant holds 18

provisional registration under section 149P on and after 19

commencement day; 20

undecided full registration application means an 21

application for full registration under section 10 as in 22

force immediately before commencement day that was 23

not — 24

(a) finally decided by the Board before 25

commencement day; or 26

(b) refused under section 13(3), or refused 27

consideration or further consideration under 28

section 14, as in force immediately before 29

commencement day. 30

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s. 86

page 119

(2) An undecided full registration application received by 1

the Board before commencement day is taken to be an 2

application for full registration under the amended Act 3

section 10 and must be dealt with under the amended 4

Act. 5

(3) However, despite section 21(1), if a non-practising 6

applicant for an undecided full registration application 7

does not meet the requirements for full registration, the 8

Board may grant the non-practising applicant under 9

section 21 — 10

(a) if the non-practising applicant was conferred a 11

qualification referred to in section 18A(1)(a)(i) 12

within 5 years before the day on which the 13

Board receives the application and meets the 14

requirements set out in section 16A(b) to (d) — 15

provisional (graduate teacher) registration; or 16

(b) if the non-practising applicant was not 17

conferred a qualification referred to in 18

section 18A(1)(a)(i) within 5 years before the 19

day on which the Board receives the application 20

and meets the requirements set out in 21

section 16(b) and (c) — provisional (returning 22

teacher) registration. 23

(4) If subsection (3)(a) applies, an undecided full 24

registration application for a non-practising applicant 25

received by the Board before commencement day is 26

taken to be an application under the amended Act 27

section 10 for provisional (graduate teacher) 28

registration and must be dealt with under the amended 29

Act. 30

(5) If subsection (3)(b) applies, an undecided full 31

registration application for a non-practising applicant 32

received by the Board before commencement day is 33

taken to be an application under the amended Act 34

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section 10 for provisional (returning teacher) 1

registration and must be dealt with under the 2

amended Act. 3

149F. Applications for full registration renewal 4

(1) In this section — 5

undecided full registration renewal application means 6

an application for full registration renewal under 7

section 11 as in force immediately before 8

commencement day that was not — 9

(a) finally decided by the Board before 10

commencement day; or 11

(b) refused under section 13(3), or refused 12

consideration or further consideration under 13

section 14, as in force immediately before 14

commencement day. 15

(2) An undecided full registration renewal application 16

received by the Board before commencement day is 17

taken to be an application (a transitional renewal 18

application) under the amended Act section 11 for the 19

renewal of full registration and must be dealt with 20

under the amended Act. 21

(3) The amended Act section 22(1) does not apply to a 22

transitional renewal application. 23

(4) For the purposes of the amended Act section 23 — 24

(a) the nominal registration period of the 25

registration that is the subject of a transitional 26

renewal application is provided under 27

section 149N(3); and 28

(b) a transitional renewal application is taken to be 29

made within the required time. 30

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149G. Applications for provisional registration 1

(1) In this section — 2

undecided provisional registration application means 3

an application for provisional registration under 4

section 10 as in force immediately before 5

commencement day that was not — 6

(a) finally decided by the Board before 7

commencement day; or 8

(b) refused under section 13(3), or refused 9

consideration or further consideration under 10

section 14, as in force immediately before 11

commencement day. 12

(2) An undecided provisional registration application for 13

an applicant received by the Board before 14

commencement day is taken to be an application under 15

the amended Act section 10 for — 16

(a) if the applicant was conferred a qualification 17

referred to in section 18A(1)(a)(i) within 18

5 years before the day on which the Board 19

receives the application — provisional 20

(graduate teacher) registration and must be 21

dealt with under the amended Act; or 22

(b) if the applicant was not conferred a 23

qualification referred to in section 18A(1)(a)(i) 24

within 5 years before the day on which the 25

Board receives the application — provisional 26

(returning teacher) registration and must be 27

dealt with under the amended Act. 28

149H. Applications for provisional registration renewal 29

(1) In this section — 30

undecided provisional registration renewal 31

application means an application for provisional 32

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registration renewal under section 11 as in force 1

immediately before commencement day that was 2

not — 3

(a) finally decided by the Board before 4

commencement day; or 5

(b) refused under section 13(3), or refused 6

consideration or further consideration under 7

section 14, as in force immediately before 8

commencement day. 9

(2) An undecided provisional registration renewal 10

application for an applicant received by the Board 11

before commencement day is taken to be an application 12

(a transitional renewal application) under the 13

amended Act section 11 for the renewal of — 14

(a) if the applicant has provisional (graduate 15

teacher) registration under section 149O — 16

provisional (graduate teacher) registration and 17

must be dealt with under the amended Act; or 18

(b) if applicant has provisional (returning teacher) 19

registration under section 149O — provisional 20

(returning teacher) registration and must be 21

dealt with under the amended Act. 22

(3) The amended Act section 22(1) does not apply to a 23

transitional renewal application. 24

(4) For the purposes of the amended Act section 23 — 25

(a) the nominal registration period of the 26

registration that is the subject of a transitional 27

renewal application is provided under 28

section 149O(3); and 29

(b) a transitional renewal application is taken to be 30

made within the required time. 31

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149I. Applications for limited registration 1

(1) In this section — 2

undecided limited registration application means an 3

application for limited registration under section 10 as 4

in force immediately before commencement day that 5

was not — 6

(a) finally decided by the Board before 7

commencement day; or 8

(b) refused under section 13(3), or refused 9

consideration or further consideration under 10

section 14, as in force immediately before 11

commencement day. 12

(2) An undecided limited registration application received 13

by the Board before commencement day is taken to be 14

an application under the amended Act section 10 for 15

limited registration and must be dealt with under the 16

amended Act. 17

(3) A notice given on a day (the relevant day) before 18

commencement day under section 23(3) as in force 19

immediately before commencement day is taken to be 20

a pre-application notice under the amended Act 21

section 23A(3) given on the relevant day. 22

149J. Applications for limited registration renewal 23

(1) In this section — 24

undecided limited registration renewal application 25

means an application for limited registration renewal 26

under section 11 as in force immediately before 27

commencement day that was not — 28

(a) finally decided by the Board before 29

commencement day; or 30

(b) refused under section 13(3), or refused 31

consideration or further consideration under 32

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section 14, as in force immediately before 1

commencement day. 2

(2) An undecided limited registration renewal application 3

received by the Board before commencement day is 4

taken to be an application (a transitional renewal 5

application) under the amended Act section 11 for the 6

renewal of limited registration and must be dealt with 7

under the amended Act. 8

(3) The amended Act section 22(1) does not apply to a 9

transitional renewal application. 10

(4) For the purposes of the amended Act sections 23A and 11

23B — 12

(a) the nominal registration period of the 13

registration that is the subject of a transitional 14

renewal application is provided under 15

section 149R(3); and 16

(b) a transitional renewal application is taken to be 17

made within the required time. 18

149K. Applications for non-practising registration 19

(1) In this section — 20

undecided non-practising registration application 21

means an application for non-practising registration 22

under section 10 as in force immediately before 23

commencement day that was not — 24

(a) finally decided by the Board before 25

commencement day; or 26

(b) refused under section 13(3), or refused 27

consideration or further consideration under 28

section 14, as in force immediately before 29

commencement day. 30

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(2) An undecided non-practising registration application 1

received by the Board before commencement day is 2

taken to be an application to change category of 3

registration to non-practising registration under the 4

amended Act section 12A and must be dealt with under 5

the amended Act. 6

(3) However, an undecided non-practising registration 7

application for an applicant who does not hold full 8

registration or provisional registration on 9

commencement day lapses on commencement day and 10

must not be dealt with under the amended Act. 11

149L. Applications for extension of non-practising 12

registration 13

(1) In this section — 14

undecided non-practising registration extension 15

application means an application for the period of 16

non-practising registration to be extended under the 17

Teacher Registration (General) Regulations 2012 18

regulation 15(3) as in force immediately before 19

commencement day that was not finally dealt with by 20

the Board before commencement day. 21

(2) An undecided non-practising registration extension 22

application received by the Board before 23

commencement day lapses on commencement day and 24

must not be dealt with under the amended Act. 25

149M. Fit and proper person 26

(1) In this section — 27

pre-commencement fit and proper person advice, in 28

relation to a person who makes a registration 29

application, means advice given to the person by the 30

Board under the Teacher Registration (General) 31

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Regulations 2012 regulation 19(2)(b) as in force 1

immediately before commencement day. 2

(2) A person who has been given pre-commencement fit 3

and proper person advice within 5 years before the day 4

on which the Board receives the registration 5

application for the person is taken to be fit and proper 6

to be registered under the amended Act section 24(1) in 7

relation to the application if no further information has 8

become available to the Board about the person’s 9

fitness or propriety, including from a criminal history 10

check, since the advice was given. 11

Division 3 — Registration 12

149N. Teachers holding full registration before 13

commencement day 14

(1) A person who, immediately before commencement 15

day, held full registration (the pre-commencement 16

registration) under Part 3, as in force immediately 17

before commencement day, is taken — 18

(a) to hold full registration (the transitional 19

registration) under and subject to the amended 20

Act; and 21

(b) no longer to hold the pre-commencement 22

registration. 23

(2) A person to whom subsection (1) applies is taken to 24

hold the transitional registration — 25

(a) for the remainder of the period that would have 26

applied to the person’s pre-commencement 27

registration and subject to any earlier 28

termination or cancellation under the amended 29

Act; and 30

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(b) otherwise on the same conditions (other than 1

statutory conditions) as applied immediately 2

before commencement day to the person’s 3

pre-commencement registration; and 4

the transitional registration under the amended 6

Act. 7

(3) The period referred to in subsection (2)(a) is taken to 8

be the nominal registration period of the transitional 9

registration for the purposes of section 23. 10

(4) The Board may record details in the register in relation 11

to the transitional registration based on the duration 12

that would have applied to the pre-commencement 13

registration. 14

149O. Teachers holding provisional registration before 15

commencement day 16

(1) A person who, immediately before commencement 17

day, held provisional registration (the 18

pre-commencement registration) under Part 3, as in 19

force immediately before commencement day, is 20

taken — 21

(a) to hold — 22

(i) if the person was conferred a 23

qualification referred to in 24

section 18A(1)(a)(i) within 5 years 25

before commencement day — 26

provisional (graduate teacher) 27

registration (the transitional 28

registration) under and subject to the 29

amended Act; or 30

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(ii) if the person was not conferred a 1

qualification referred to in 2

section 18A(1)(a)(i) within 5 years 3

before commencement day — 4

provisional (returning teacher) 5

registration (the transitional 6

registration) under and subject to the 7

amended Act; 8

and 9

(b) no longer to hold the pre-commencement 10

registration. 11

(2) A person to whom subsection (1) applies is taken to 12

hold the transitional registration — 13

(a) for the remainder of the period that would have 14

applied to the person’s pre-commencement 15

registration subject to any earlier termination or 16

cancellation under the amended Act; and 17

(b) otherwise on the same conditions (other than 18

statutory conditions) as applied immediately 19

before commencement day to the person’s 20

pre-commencement registration; and 21

the transitional registration under the amended 23

Act. 24

(3) The period referred to in subsection (2)(a) is taken to 25

be the nominal registration period of the transitional 26

registration for the purposes of section 23. 27

(4) The Board may record details in the register in relation 28

to the transitional registration based on the duration 29

that would have applied to the pre-commencement 30

registration. 31

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(5) The Board may decide which registration referred to in 1

subsection (1)(a) the person is taken to hold if the 2

person does not provide evidence of their qualification 3

referred to in subsection (1)(a) to the Board before 4

commencement day. 5

(6) Despite subsection (1)(a)(i) and (ii) (the relevant 6

subparagraphs), if the person has made an undecided 7

provisional registration renewal application referred to 8

in section 149H, the Board can take the reference to 9

commencement day in the relevant subparagraphs for 10

the person to be the day on which the Board receives 11

the undecided provisional registration renewal 12

application. 13

149P. Teachers holding non-practising registration who 14

notified Board they commenced teaching before 15

commencement day 16

(1) A person who, immediately before commencement 17

day, held non-practising registration (the 18

pre-commencement registration) under Part 3, as in 19

force immediately before commencement day, and who 20

notified the Board in writing before commencement 21

day that they commenced teaching while holding the 22

pre-commencement registration is taken — 23

(a) to hold — 24

(i) if the person was conferred a 25

qualification referred to in 26

section 18A(1)(a)(i) within 5 years 27

before commencement day — 28

provisional (graduate teacher) 29

registration (the transitional 30

registration) under and subject to the 31

amended Act; or 32

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(ii) if the person was not conferred a 1

qualification referred to in 2

section 18A(1)(a)(i) within 5 years 3

before commencement day — 4

provisional (returning teacher) 5

registration (the transitional 6

registration) under and subject to the 7

amended Act; 8

and 9

(b) no longer to hold the pre-commencement 10

registration. 11

(2) A person to whom subsection (1) applies is taken to 12

hold the transitional registration — 13

(a) for a period that expires on the day that is 14

3 years after the day on which the person gave 15

the notification referred to in subsection (1) to 16

the Board, or 3 years after the day on which the 17

person last received an extension of the 18

person’s pre-commencement registration, 19

subject to any earlier termination or 20

cancellation under the amended Act; and 21

(b) otherwise on the same conditions (other than 22

statutory conditions) as applied immediately 23

before commencement day to the person’s 24

pre-commencement registration; and 25

the transitional registration under the amended 27

Act. 28

(3) The period referred to in subsection (2)(a) is taken to 29

be the nominal registration period of the transitional 30

registration for the purposes of section 23. 31

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(4) The Board may record details in the register in relation 1

to the transitional registration based on the duration 2

that would have applied to the pre-commencement 3

registration. 4

(5) The Board may decide which registration referred to in 5

subsection (1)(a) the person is taken to hold if — 6

(a) the person does not provide evidence of their 7

qualification referred to in subsection (1)(a) to 8

the Board before commencement day; or 9

(b) section 149E or 149G applies to the person. 10

149Q. Teachers holding non-practising registration who 11

had not notified Board they commenced teaching 12

before commencement day 13

(1) A person who, immediately before commencement 14

day, held non-practising registration (the 15

pre-commencement registration) under Part 3, as in 16

force immediately before commencement day, and who 17

did not notify the Board in writing before 18

commencement day that they commenced teaching 19

while holding the pre-commencement registration is 20

taken — 21

(a) to hold non-practising registration (the 22

transitional registration) under and subject to 23

the amended Act; and 24

(b) no longer to hold the pre-commencement 25

registration. 26

(2) A person to whom subsection (1) applies is taken to 27

hold the transitional registration — 28

(a) indefinitely subject to any earlier termination or 29

cancellation under the amended Act; and 30

(b) otherwise on the same conditions (other than 31

statutory conditions) as applied immediately 32

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before commencement day to the person’s 1

pre-commencement registration; and 2

the transitional registration under this Act. 4

149R. Teachers holding limited registration before 5

commencement day 6

(1) A person who, immediately before commencement 7

day, held limited registration (the pre-commencement 8

registration) under Part 3, as in force immediately 9

before commencement day, is taken — 10

(a) to hold limited registration (the transitional 11

registration) under and subject to the amended 12

Act; and 13

(b) no longer to hold the pre-commencement 14

registration. 15

(2) A person to whom subsection (1) applies is taken to 16

hold the transitional registration — 17

(a) for the remainder of the period that would have 18

applied to the person’s pre-commencement 19

registration subject to any earlier termination or 20

cancellation under the amended Act; and 21

(b) otherwise on the same conditions (other than 22

statutory conditions) as applied immediately 23

before commencement day to the person’s 24

pre-commencement registration; and 25

the transitional registration under the amended 27

Act. 28

(3) The period referred to in subsection (2)(a) is taken to 29

be the nominal registration period of the transitional 30

registration for the purposes of section 23A. 31

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(4) The Board may record details in the register in relation 1

to the transitional registration based on the duration 2

that would have applied to the pre-commencement 3

registration. 4

Division 4 — Professional standards, professional 5

learning activities policy and accreditation standards 6

149S. Professional standards, professional learning 7

activities policy and accreditation standards before 8

commencement day repealed 9

(1) The professional standards as in force immediately 10

before commencement day are repealed. 11

(2) The policy about professional learning activities under 12

the Teacher Registration (General) Regulations 2012 13

regulation 9 as in force immediately before 14

commencement day is repealed. 15

(3) The accreditation standards under the Teacher 16

Registration (Accreditation of Initial Teacher 17

Education Programmes) Regulations 2012 regulation 9 18

as in force immediately before commencement day are 19

repealed. 20

Division 5 — Investigations, complaints, inquiries, 21

proceedings and other matters 22

149T. Conduct before commencement day 23

(1) In this section — 24

applicable matter, of a registered teacher or formerly 25

registered teacher, means any of the following in 26

relation to the teacher — 27

(a) an interim order (whether or not section 149W 28

applies to the order); 29

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(b) a complaint about a disciplinary matter 1

(whether or not section 149V applies to the 2

complaint); 3

Subdivision 2 (whether or not section 149X 5

applies to the inquiry); 6

(d) a proceeding under section 53(1)(e), 55(1)(d), 7

61, 70(1)(a)(v) or 83 in relation to a 8

disciplinary matter (whether or not 9

section 149Z applies to the proceeding); 10

excluded conduct, of a registered teacher or formerly 11

registered teacher, means the teacher’s conduct that 12

occurred before commencement day that was finally 13

dealt with before commencement day under — 14

(a) an inquiry, or proceedings at the Tribunal, 15

under Part 5 as in force at the time the inquiry 16

was or proceedings were finally dealt with; or 17

(b) an inquiry or disciplinary action under the 18

Western Australian College of Teaching 19

Act 2004 Part 7 as in force at the time the 20

inquiry or action was finally dealt with. 21

(2) The amended Act (other than section 47(a)) applies to a 22

registered teacher or formerly registered teacher for an 23

applicable matter of the teacher in relation to the 24

teacher’s conduct that occurred before commencement 25

day unless the conduct is excluded conduct of the 26

teacher. 27

149U. Investigations commenced before commencement 28

day 29

An investigation under section 56, as in force 30

immediately before commencement day, that was 31

commenced but not completed before commencement 32

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day must be continued and dealt with as if it were an 1

investigation under the amended Act section 48C. 2

149V. Complaints made before commencement day 3

(1) A complaint formulated by the Board under section 51 4

as in force immediately before commencement day that 5

was not finally dealt with before commencement day 6

must be continued and dealt with as if it were a 7

board-formulated complaint under the amended Act 8

and may be reformulated by the Board. 9

(2) A complaint not formulated by the Board under 10

section 51 as in force immediately before 11

commencement day that was not finally dealt with 12

before commencement day must be continued and dealt 13

with as if it were a public complaint under the amended 14

Act and may be reformulated by the Board. 15

149W. Interim disciplinary orders made before 16

commencement day 17

An interim disciplinary order made before 18

commencement day in relation to a matter that was not 19

finally dealt with before commencement day must be 20

continued and dealt with as if it were an interim order 21

under the amended Act. 22

149X. Inquiries commenced before commencement day by 23

disciplinary committee 24

(1) In this section — 25

ongoing pre-commencement inquiry means an inquiry 26

commenced before commencement day into a 27

complaint — 28

(a) for which a decision had not been made by a 29

disciplinary committee under section 70 before 30

commencement day; or 31

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(b) for which a referral had not been made to the 1

Tribunal or the impairment review committee 2

before commencement day; or 3

before commencement day. 5

(2) An ongoing pre-commencement inquiry under the Act 6

as in force immediately before commencement day is 7

taken to be an inquiry under the amended Act Part 5 8

Division 6 Subdivision 2 and must be continued and 9

dealt with under the amended Act. 10

(3) A disciplinary committee, on recommendation from the 11

Board, may allow the complaint that is the subject of 12

an ongoing pre-commencement inquiry to be 13

reformulated. 14

149Y. Complaints referred to impairment review 15

committee before commencement day 16

(1) In this section — 17

pre-commencement impairment complaint means a 18

complaint that was referred to the impairment review 19

committee by the Board before commencement day 20

and — 21

(a) for which a decision had not been made by the 22

Board under section 80 before commencement 23

day; or 24

(b) for which a referral had not been made to the 25

Tribunal or a disciplinary committee before 26

commencement day; or 27

before commencement day. 29

(2) A pre-commencement impairment complaint is taken 30

to be a complaint (a transitional impairment 31

complaint) referred under the amended Act 32

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section 53(1)(d) and must be continued and dealt with 1

under the amended Act. 2

(3) A notice given to a registered teacher under section 74 3

as in force immediately before commencement day for 4

a transitional impairment complaint is taken to be a 5

notice given under the amended Act section 74. 6

(4) Consent sought under section 74(2)(d) as in force 7

immediately before commencement day for a 8

transitional impairment complaint is taken to be 9

consent sought under the amended Act section 74(2)(c) 10

for a health assessment. 11

(5) Agreement given under section 76(1) as in force 12

immediately before commencement day for a 13

transitional impairment complaint is taken to be 14

consent given under the amended Act section 76(1). 15

(6) An examination referred to in sections 74(2)(d), 76 and 16

77 as in force immediately before commencement day 17

that was undertaken before commencement day for a 18

transitional impairment complaint is taken to be a 19

health assessment under the amended Act. 20

(7) The impairment review committee, on 21

recommendation from the Board, may allow a 22

transitional impairment complaint to be reformulated. 23

149Z. Complaints referred to Tribunal before 24

commencement day 25

(1) In this section — 26

referral provision means any of the following 27

provisions as in force immediately before 28

commencement day — 29

(a) section 21(2); 30

(b) section 53(1)(e); 31

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(d) section 61; 2

(e) section 70(1)(g); 3

(f) section 80(1)(c); 4

(g) section 83. 5

(2) A complaint or matter that was referred to the Tribunal 6

under a referral provision before commencement day 7

and that had not been finally dealt with by the Tribunal 8

before commencement day — 9

(a) is taken to be referred under the relevant 10

provision of the amended Act; and 11

(b) must be dealt with under the amended Act. 12

(3) The Tribunal, on recommendation from the Board, may 13

allow a complaint or matter referred to in 14

subsection (2) to be reformulated. 15

149ZA. Disqualifications ordered before commencement 16

day 17

(1) In this section — 18

pre-commencement disqualification order means an 19

order under section 84(1)(b)(iii) or (2)(f) as in force 20

immediately before commencement day. 21

(2) A person who is disqualified from applying for 22

registration as a teacher under a pre-commencement 23

disqualification order — 24

(a) is taken to be disqualified from having 25

registration granted for the period, or 26

indefinitely, as specified in the order; and 27

(b) may make a registration application subject to 28

the amended Act but cannot have registration 29

granted until the disqualification has ended or 30

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approval is given under the amended Act 1

section 21(2)(b). 2

(3) An approval from the Tribunal under section 21(2) as 3

in force immediately before commencement day is 4

taken to be an approval under the amended Act 5

section 21(2)(b). 6

149ZB. Employers to give notice when teachers cease 7

teaching in cases of serious incompetence or 8

misconduct 9

The amended Act section 42 applies to an employer 10

even if — 11

(a) the circumstance referred to in section 42(1)(a) 12

occurred before commencement day; and 13

(b) the circumstance referred to in section 42(1)(b) 14

occurs on or after commencement day. 15

Division 6 — Transitional regulations 16

149ZC. Transitional regulations 17

(1) In this section — 18

publication day, for transitional regulations, means the 19

day on which those regulations are published in the 20

Gazette; 21

specified, in relation to transitional regulations, means 22

specified or described in those transitional regulations; 23

transitional matter — 24

(a) means a matter that needs to be dealt with for 25

the purpose of effecting the transition required 26

because of the Teacher Registration 27

Amendment Act 2022; and 28

(b) includes a saving or application matter; 29

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transitional regulations means regulations made under 1

subsection (2). 2

(2) If there is no sufficient provision in this Part for 3

dealing with a transitional matter, the Governor may 4

make regulations prescribing matters — 5

(a) required to be prescribed for the purpose of 6

dealing with the transitional matter; or 7

(b) necessary or convenient to be prescribed for the 8

purpose of dealing with the transitional matter. 9

(3) Transitional regulations may provide that specified 10

provisions of this Act — 11

(a) do not apply to or in relation to a specified 12

matter; or 13

(b) apply with specified modifications to or in 14

relation to a specified matter. 15

(4) If transitional regulations provide that a specified state 16

of affairs is taken to have existed, or not to have 17

existed, on and from a day that is earlier than 18

publication day for the transitional regulations but not 19

earlier than commencement day, the transitional 20

regulations have effect according to their terms. 21

(5) If transitional regulations contain a provision referred 22

to in subsection (4), the provision does not operate so 23

as to — 24

(a) affect in a manner prejudicial to a person (other 25

than the State or an authority of the State) the 26

rights of that person existing before publication 27

day for the transitional regulations; or 28

(b) impose liabilities on a person (other than the 29

State or an authority of the State) in respect of 30

an act done or omission made before 31

publication day for the transitional regulations. 32

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87. Various references to “is to” and “are to” amended 1

In the provisions listed in the Table: 2

(a) delete “is to” (each occurrence) and insert: 3

must 5

(b) delete “are to” and insert: 7

must 9

Table 11

s. 27(1) s. 28

s. 30(1) and (2) s. 31(1) and (2)

s. 32(1) and (2) s. 33

s. 35 s. 37(2) and (4)

s. 43(2) s. 49(3), (4), (6) and (7)

s. 50(1), (3), (4), (6) and (7) s. 52(2)

s. 54 s. 57(2)

s. 69(1) s. 70(4)

s. 87(2), (3)(a) and (b) and (4) s. 93(1) and (3)

s. 94(4) s. 97(1)

s. 99(1) s. 101(1) and (2)

s. 106 s. 107(3)

Teacher Registration Amendment Bill 2022

s. 88

page 142

s. 108(4) s. 114(1) and (2)

s. 115(1) and (2) s. 119(3)

88. Various references to “criminal record check” amended 1

In the provisions listed in the Table: 2

(a) delete “criminal record check” and insert: 3

criminal history check 5

(b) delete “criminal record check” and insert: 7

criminal history check 9

criminal history checks 13

(d) delete “criminal record checks” and insert: 15

criminal history checks 17

Table 19

s. 3 def. of criminal record

check

s. 27(2)(c)

Pt. 4 heading Pt. 4 Div. 2 heading

s. 43(1) s. 44

Pt. 4 Div. 3 heading

Teacher Registration Amendment Bill 2022

s. 89

page 143

Note: The headings to the amended sections listed in the Table are to read as 1

set out in the Table. 2

Table 3

Amended section Section heading

s. 43 Board may request consent to obtain criminal history check

s. 44 Criminal history check

89. Various references to “one” amended 4

In the provisions listed in the Table delete “one” and insert: 5

1 7

Table 9

s. 49(5) s. 50(5)

s. 87(3)(a) s. 96(2)

s. 101(2) s. 107(2)